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Striking Out Pleadings and Indorsments
Striking Out Pleadings and Indorsments
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