Suraya Othman JCA:

Introduction

[1] The appellant/2nd defendant (Syarikat Rodziah) sued as a firm, filed an application for striking out of the respondent/plaintiff's (Malayan Banking Berhad) claim ("encl 15") on the basis that premised on the documentary evidence before the court, it is apparent that the plaintiff's claim is scandalous, frivolous and vexatious and/or an abuse of process pursuant to O 18 r 19(1)(b), (c) and/or (d) Rules of 2012 (" ROC 2012"). Further, the appellant/2nd defendant contends that the plaintiff's claim against the 2nd defendant is untenable and is an attempt to forum shop and issue switch.

[2] The High court on 3 June 2018 dismissed Enclosure 15, holding that the plaintiff's claim was not "obviously unsustainable". The High court is of the view that since parties are in the process of filing the documents in preparation for trial, including the relevant issues to be tried, and that since the claim by the respondent/plaintiff involves the allegation of negligence and fraud on the part of the appellant/2nd defendant, that this justifies that the claim should go for trial.

[3] We heard the appeal and having considered the Appeal Records and submission