[1] This is an appeal by the 1st to the 5th plaintiffs (first five plaintiffs/ applicants), and the question for determination is as follows:

"Is the evidence of a bankrupt, apart from his capacity as one of the plaintiffs in an action, inadmissible, even though the type and cause of action of the other plaintiffs are similar as against the respondent (defendant)?"

[2] Sometime in 1994 the first five plaintiffs and the 6th plaintiff who were remisiers, entered into a "Remisier's Agreement" with the defendant, which was a broking house. On 19 August 1999 these two parties entered into a new agreement. A dispute which centered on the imposition of various fees by the defendant arose later leading to compromises whereupon certain refunds were made to all the six plaintiffs. As the matter was not completely resolved the six plaintiffs filed an action against t