[ON ENCLOSURE (56)]

I. APPLICATION

[1] This is an application in enclosure (56) filed by the garnishee, for the following orders:

1. An order to specify the time for the judgment creditor's solicitors (JC's solicitors") Messrs Yau Jiok Hua & Co. to comply with the High Court order dated 23 November 1995 ("order for stay of execution") and the Court of Appeal order dated 11 March 2002 ("the CA order");

2. That the JC's solicitors be ordered to comply with the order for stay of execution and the CA order within seven days from the service of the order herein, the order for stay of execution and the CA order (collectively referred to as "the three orders"), whereby the JC's solicitors shall pay to the garnishee within seven days of the service of the three orders, a sum of RM309,133.45 held by the JC's solicitors as stakeholders on the undertaking by the JC's solicitors to refund to the garnishee in the event the garnishee's appeal is allowed by the Court of Appeal;

3. That a notice in compliance with O. 45 r. 7 and Form 87 be indorsed on this order and the order for stay of execution; and

4. Costs of this application be paid by the JC to the garnishee.

II. FACTUAL BACKGROUND

[2] The