Salleh Abas FJ:

This is an appeal against my decision allowing the application by the respondent to cross-examine two witnesses of the appellant/plaintiff in Civil Suit No. 1266 of 1975. The two witnesses concerned are Mr. Malcolm D Steinberg of 34, Windara Drive, City Beach, West Australia, and Mr. Chen Kah Leng of Messrs Skrine & Co., Straits Trading Building, No. 4, Leboh Pasar Pesar, Kuala Lumpur. These two witnesses swore affidavits on 27 June 1978, and 5 July 1978 respectively. These affidavits were filed in support of the appellant's application under O. 32 r. 6 for judgment against the respondent "upon admission contained in the letter dated 25 October 1975."

The appellant by its application is seeking to obtain judgment to secure a reimbursement from the respondent of a sum of RM9,688.28 which the appellant incurred in connection with the temporary untraceability of a certain equipment, i.e. container No. 277193. The ground of the application is the admission made by the respondent's solicitor in a letter dated 25 October 1975. The hearing of the appellant's application was postponed twice.

In the meantime, the respondent applied by Summons-in-Chambers under O.