A claim cannot be struck out unless it is clearly unsustainable; mere weakness does not justify dismissal without a trial.

[1] Both the appellants (the plaintiffs at the court below) are husband and wife, and claimed to be the legal owners of two properties at No 1 & 3, Jalan SJ 7, Jalan Selayang Jaya 68100 Batu Caves, Selangor.

[2] In their statement of claim, the appellants pleaded the following facts:

(a) that sometime on 16 June 2003 and 30 July 2003, both the appellants had borrowed money in the sum of RM500,000 from the respondent (the defendant at the court below); and as security for the said loan, the appellants were asked to sign two sets of undated sale and purchase agreements in respect of the two properties which say that the purchase price of the properties were RM300,000 and RM200,000 each respectively;

(b) that the respondent had only paid RM400,000 to the appellants for the said loan, saying that RM100,000 was to be deducted up front as interest. The appellants claimed to have repaid RM300,000 for the said loan. When they failed to repay the balance of the said loan, the respondent forced them to pay RM800,000 to the respondent if the appellants want the two properties to be transferred back to them;

(c) that the sale and purchase agreements were void and invalid on the ground that they were made as security for loan transaction;

(d) that the respondent has no licence to lend money, at the material time; and

(e) that the appellants were willing to pay RM100,000 to the respondent in order to get back the titles for both the properties, if the court orders so.

[3] The appellants filed a writ and statement of claim dated 7 March 2006 against the respondent for a declaration that the said two sale and purchase agreements are void and invalid and thus cancelled; and the appellants are to pay the respondent a sum of RM100,000 for the return of the ownership of the two properties to the appellants.