Kamardin Hashim JCA:

[1] This is an appeal against the decision of the learned Judicial Commissioner ("learned JC") given at Kota Kinabalu on 20 September 2018 allowing the respondent's appeal against the decision of the Deputy Registrar dated 6 July 2018 dismissing the respondent's application under O 46 r 2 of the Rules of 2012 ('ROC 2012') for leave to commence execution proceedings against the appellant pursuant to a judgment of the High Court granted on 7 January 2011 and the order and judgment of the High Court granted on 28 September 2009 although six years had lapsed since the making of the judgment and order.

[2] After having heard and considered the parties' submission, both oral and written on all the issues ventilated before us, we had allowed the appeal. We now give our reasons.

[3] For the purpose of this judgment, the parties will be referred to as they were in the High Court.

Salient Background Facts

[4] The facts of the case are not in dispute and have been succinctly laid out in the written submission of learned counsel for the appellant which we now reproduce with some modifications. The defendant is a private limited company incorporated in Malaysia on the 1