OCT 27 — When a party wishes to commence a civil action or civil suit, his solicitor must consider a fundamental matter: That the party has a cause of action.
If the party, who is called the plaintiff, has no cause of action when he commences an action, then the other party, who is called the defendant, can apply to the court to strike out the plaintiff’s action.
What is a “cause of action”?
A cause of action is a factual situation the existence of which entitles one person to obtain from the court a remedy against another person — Lord Diplock in Letang v Cooper [1965].
The above definition identifies five elements of a cause of action:
(a) factual situation;
(b) person to sue — plaintiff;
(c) court having the necessary jurisdiction;
(d) remedy that the court can grant; and
(e) person to be sued — defendant.
With regard to the plaintiff, it is additionally said that he must have locus standi.
The term means the right of a party to appear and be heard by the court. A party is said to have locus standi, which in effect is a standing to sue in a court of law, if that court recognises his ability to institute and maintain proceedings before the court.
That is why locus standi is called “standing in a court.” To have standing in a court the party must possess an “interest” in the issues raised in the proceedings or have a “right” which the court can declare.
So, when a party ceases to be a Member of Parliament upon the dissolution of Parliament, he can be said to have no cause of action for a remedy to allow him to attend sittings of Parliament.
He is also said to have no locus standi — that is, interest in the subject-matter before the court or a right which the court can declare.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
