Striking Out Pleadings and Indorsments

STRIKING OUT OF
PLEADINGS AND
INDORSEMENTS
ORDER 18 R 19 RHC
O.18 R 19
Q: When to apply?
Q: Who may apply?
Q: What are the grounds?
Q: What are the Tests?
Q; What type of order may the court make?
When to make the application?
• O18 r 19 (1) – at any stage of proceedings
• Case:
Jamir Hassan v Kang Min [1992] 2 MLJ 46
• GR:
The application should be made promptly and as a
rule before the close of the pleadings. The court
however, may allow an application to be made even
after the pleadings are closed. But such an
application must be refused after the action has
been set down for trial.
Who can make the application?
The Plaintiff
The Defendant
What are the grounds?
• For the Plaintiffs:
1. The statement of defence disclosed no
reasonable defence; or
2. It is scandalous, frivolous or vexatious; or
3. It may prejudice, embarrass or delay the fair
trial of the action; or
4. It is otherwise an abuse of the process of the
court.
Grounds for application
For the Defendant:
1. The statement of claim disclosed no
reasonable cause of action; or
2. It is scandalous, frivolous or vexatious; or
3. It may prejudice, embarrass or delay the fair
trial of the action; or
4. It is otherwise an abuse of the process of the
court.
Tests
1.Whether the claim made by the plaintiff is

obviously unsustainable.
Case: Jamir Hassan’s case
2. Whether this was a plain and obvious case for
striking out.
Case: Loh Holdings Sdn Bhd v Peglin
Development Sdn Bhd & Anor [1984] 2 MLJ
105
Test continue
• Case: Tan Keat Seng Kitson v Kerajaan
Malaysia [1996] 2 CLJ 722
• Dato Malek Ishak held:
The principle governing the striking out of
pleadings is clear in that it is only in plain and
obvious cases, when it can clearly be seen that
the claim is on the face of it, obviously
unsustainable, that recourse should be had to the
summary process under o. 18 r 19 of the RHC
Obviously unsustainable
• Only apply for striking out on the ground of
unreasonable cause of action or unreasonable
defence.
• By looking at the statement of claim or defence

only the court may decide that the case is
obviously unsustainable and may allow for
striking out.
Plain and obvious cases
• Only in a clear cut case that the court
should struck out the pleading
• The mere fact that the plaintiff or
defendant is unlikely to succeed at the trial
is no ground for striking out
Meaning of “a reasonable cause
of action”
• Case: Tan Keat Seng Kitson v Kerajaan
Malaysia [1996] 2 CLJ 722
• Dato Malek Ishak held:
On an application to strike out a statement of
claim and dismiss the action, the right course for
the Court is to strike out the claim if it is satisfied
that the claim does not disclose a reasonable of
action, i.e. a cause of action with some chance of
success where only the allegations in the
pleadings are considered.
A reasonable cause of action
A cause of action with some chance of

success where only the allegations in the
pleadings are considered.
O.18 r 19 (1) (a)
• Is there a reasonable cause of action? or
• Is there a reasonable defence?
• This is determined by just looking at the
pleadings of the parties. No evidence is
required – 0 18 r 19 (2)
“ No evidence shall be admissible on an
application under paragraph (1) (a)”
O18 r 19 (1) (b)(c)& (d)
• Scandalous, frivolous or vexatious
• Prejudice, embarrass or delay the fair trial
of the action
• An abuse of the process of the court
• Note: Application to strike out pleadings
on these grounds must be supported with
an affidavit.
Case*
MALAYAN BANKING BHD V TEGUH

CONSOLIDATED SDN BHD & ANOR
[1997] MLJU 245
Principles
• 1. It is only in plain and obvious cases that
the court will exercise this summary
process.
• 2. In determining whether to strike out

cases under O.18 r 19, the court have wide
discretionary powers.
continue
• 3.The high court has inherent jurisdiction
to prevent an abuse of its powers.
• 4.except for an application under O.18 r 19

(1) (a), on determining whether an action
ought to be struck off under other grounds,
the HC ought to consider all the relevant
evidence as stated in the affidavits before it
Type of Order
Under O.18 r 19 (1) The Court may:
1. Order the action to be stayed; or

2. Dismissed the action; or
3. Enter judgment
case:
• Anwar Ibrahim v Mahathir Mohamad
• Defamation case
• Decision by Dato RK Nathan

Striking Out Pleadings and Indorsments

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What are the grounds for applying to strike out pleadings?

What are the tests applied by courts in determining whether to strike out pleadings?

STRIKING OUT OF

1.Whether the claim made by the plaintiff is

• By looking at the statement of claim or defence

A cause of action with some chance of

MALAYAN BANKING BHD V TEGUH

• 2. In determining whether to strike out

• 4.except for an application under O.18 r 19

1. Order the action to be stayed; or

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