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1990 MarsdenLR 1135

ZAKARIA YATIM
ASIA COMMERCIAL FINANCE (M) BHD. – Appellant
Versus
PASADENA PROPERTIES DEVELOPMENT – Respondent


Advocates:
For the plaintiff - Jean Chong Chiew Jin; M/s. Soo Thien Ming & Shahrizat
For the first and third defendants - Tony Dhana; M/s. Tony Dhana & Co.

JUDGMENT

Zakaria Yatim J:

There were two applications in this suit which came up for hearing before me in chambers.

In the first application the first and the third defendants sought the order of this Court, (a) that their notice of appeal to Judge in Chambers dated 21 June 1988, which was struck out/dismissed, be reinstated; (b) a date be fixed for the hearing of the said appeal upon reinstatement; and (c) costs. The application was filed on 1 December 1989 and supported by an affidavit affirmed by the second defendant, Han Siew Mung on 1 December 1989.

In the second application, the first and second defendant sought the order of the Court that time for applying for further argument in open Court be enlarged to four days from the date of granting this application pursuant to O. 50 r. 2(2) of the Rules of the High Court. The application was supported by an affidavit affirmed by the second defendant on 5 December 1989.

I shall briefly state that events that had taken place before dealing with the two applications.

On 6 August 1987 the plaintiff filed an application for summary judgment against the three defendants under O. 14 r. 1 of the Rules of the High Court. The application was

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