Civil Procedure : Striking out - Application for - Defendant sought to strike out plaintiffs' claim based on cause on action for tort of misfeasance in public office and breach of fiduciaries in public office - Whether defendant a member of public service - Whether common law should be used to clarify if defendant a member of public service - Whether plaintiffs' claim was without reasonable cause of action and was frivolous and vexatious

Statutory Interpretation : Definitions - Meaning of public services - Whether Prime Minister member of public service - Whether Prime Minister a public officer and held a public office - Federal Constitution, art 132(1), (3) - Interpretation Acts 1948 and 1967, s 3

This was a striking out application by the defendant to strike out the plaintiffs' claim based on the cause of action for tort of misfeasance in public office and breach of fiduciaries in public office by the defendant. The plaintiffs sought, amongst others, a declaration that the defendant committed the tort of misfeasance in public office and/or tort of breach of fiduciaries in public office because of interference and obstruction in the investigations pertaining to 1MDB and other related companies. In this application, the main issues to be decided were, inter alia, whether the defendant was a member of the public service; whether the common law should be used to clarify whether the defendant was a member of the public service; and whether the plaintiffs' claim was without reasonable cause of action and was frivolous and vexatious.