GROUNDS OF DECISION

1. Enclosure 4 was an application by the Defendant for the Writ and Statement of Claim to be struck out with costs. The application was brought pursuant to Order 18 Rule 19 (b), (c) and (d) of the Rules of High Court 1980 (RHC 1980) and the inherent jurisdiction of the Court. The application was supported by the Defendants Affidavit (Enclosure 5) and Affidavit Tambahan (Enclosure 8). The other Affidavits filed in this application were:-

(i) Afidavit Jawapan Plaintiff (Enclosure 9);

(ii) Afidavit Balasan Defendan (Enclosure 11);

(iii) Afidavit Jawapan Plaintiff (2) (Enclosure 12);

(iv) Afidavit Balasan Defendant II (Enclosure 13).

2. Background Facts.

(a) In 2006, Plaintiff had filed a suit against Defendant vide KL High Court Suit D1-22-270-2006 (The 2006 Suit) based on the same facts and for same relief as is set out now in this action.

(b) Pursuant to an application by Defendant for discovery of documents in the 2006 suit, an order of Court had been issued against the Plaintiff on 31.10.2008, whereby it was ordered:-

- that the Plaintiff was to file an Affidavit to disclose all documents in the Plaintiffs possession within a stipulated time,

- and