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1994 MarsdenLR 1975

HAIDAR MOHD NOOR
TANSA ENTERPRISE SDN BHD – Appellant
Versus
TEMENANG ENGINEERING SDN BHD – Respondent


JUDGMENT

Haidar Mohd. Noor J:

There are two applications before me, viz:

(1) Appeal to Judge in chambers against the decision of the Senior Assistant Registrar in respect of summary judgment under O. 14 of the Rules of the High Court, 1980 ('RHC'); (Encl. 23).

(2) Summons in chambers dated 26 September 1990 (Encl. 63) to set aside the interim injunction order obtained by the plaintiff on 8 September 1993 and the consequential orders thereto.

I ordered that Encl. 63 be heard first.

(2) Summons in Chambers dated 26 September 1993 (Encl. 63)

The plaintiff obtained summary judgment against the defendant in the sum of RM163,585.41 together with interest on 10 November 1992 as per its application (Encl. 8). In the meantime, by consent, the plaintiff agreed to the application of the defendant for stay of execution pending the appeal to the Judge in chambers by the defendant (Encl. 27). Subsequently, the plaintiff filed a summons in chambers dated 4 September 1993 (Encl. 52) for a mareva injunction order and was heard ex parte on 8 September 1993 and an order in terms granted accordingly.

The ex parte application of the plaintiff is supported by the affidavit of one Tan Thian Paw, th

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