Elaine Yap Chin Gaik JC:

[1] The Plaintiff filed this action to invalidate an Order of Court dated 15 September 2021 ("Impugned Order") made in Shah Alam High Court Suit No: BA-22NCvC-21-01/2020 ("Suit 21").

[2] In Suit 21, the Defendant had sued the Plaintiff on a Guarantee Agreement dated 7 September 2004 that guaranteed the indebtedness of one Generasi Nirwana Sdn Bhd ("GNSB") for goods sold and delivered. The Impugned Order was a final order for summary judgment entered against the Plaintiff.

[3] GNSB was wound up on 16 March 2021 about 15 months after Suit 21 was filed in January 2020. The Impugned Order was obtained a year and 8 months or so later on 15 September 2021 when the Plaintiff failed to raise any triable issues.

[4] The basis for this action is that the Impugned Order was allegedly obtained by fraud, in that the Plaintiff claims to have "discovered" a Credit Application Form dated 16 July 2018 submitted by GNSB to the Defendant for credit without the need for a guarantor ("2018 Credit Facility"). The Plaintiff claimed that it was fraudulently concealed from him and the Court by the Defendant.

[5] Quite apart from the question of whether the 2018 Credit Facility w