Seah J:

On 26 November 1977 I ruled that unless the defendant paid into Court the sum of $37,960.11 within 15 days from date thereof, the defence relating to this claim should be struck out and the plaintiff be at liberty to enter judgment against the sum claimed. On the application of the defendant, made within four days from the date of the order, I adjourned the matter into open Court for further argument. The argument was heard on 5 December 1975 where both Counsel for the plaintiff and the defendant had put in written submissions. At the end I reserved judgment.

It was contended by Counsel for the defendant that the Court was wrong to impose a condition about payment into Court of the sum of $37,960.11 within a time-limit since the application was made under O. 19 r. 19 and r. 27, O. 21 r. 1 and O. 25 r. 4 of the High Court in Borneo Rules 1963. It was further argued under these Orders or rules, that the jurisdiction of the Court is limited to striking out pleadings and it may order the action to be stayed or dismissed or judgment to be entered accordingly. As may be just.

Counsel for the defendant submitted that the power of the Court to impose terms when leave to