Grabcar Sdn Bhd filed the application on Feb 8 together with a supporting affidavit by the company’s head of operations Abdul Rashid Abdul Shukor.

Lawyer R Kengadharan, who is appearing for the association, said he had been given until March 2 to respond to the move to strike out the suit.

Case management will be held on March 30 before High Court deputy registrar Nurliana Ismail.

The striking-out application is based on seven questions of law, including whether the association, which is registered as a society, had the legal standing to claim that all the taxi and rental car drivers who suffered were its members.

Another was whether the suit was time-barred under the Limitation Act since it was filed on Dec 4 last year, more than six years from April 16, 2014, the date on or before it should have been filed.

A third key question posed was whether the association should have made a judicial review application against the relevant public statutory bodies.

Rashid said should all the questions be answered in favour of Grabcar, then the suit was frivolous, vexatious and an abuse of court of process.

Grabcar had also filed its defence in response to the suit last month.

In the suit, filed by 15 office-bearers of the association on behalf of 10,000 members, the plaintiffs said Grabcar’s activities without a valid licence in the country between 2014 and 2017 amounted to “stealing their business”.

In the statement of claim, it said Grabcar’s activities were in violation of the Federal Constitution, the Competition Act 2010 and the Road Transport (Amendment) Act 2012.

The plaintiffs further said the e-hailing service was not given any exemption under the Competition Act to carry out the service between May 16, 2014 and July 27, 2017.

“The defendant’s action was in violation of the rights to livelihood, rights and interests of taxi drivers,” they said.

The plaintiffs are asking for liquidated, general, aggravated, exemplary and punitive damages amounting to RM100 million.