Abdul Malik Ishak J:

Brief Background

The writ of summons with the statement of claim in enclosure one (1) cited only the first defendant as the sole defendant. By way of encl. 4, the plaintiff sought to apply, on an ex partebasis, against the first defendant for the following orders:

a)the first Defendant be ordered to comply with the terms as stated in the agreement between the Plaintiff and the first Defendant dated 22/12/1999 ("the said agreement"), inter alia, but not restricted to,

(i)the first Defendant continues to offer and maintain the courses thereat so as to enable the students from the People's Republic of China to complete the courses at the first Defendant's premises and graduate upon completion; and

(ii)the first Defendant shall ensure that there be provided proper academic support by the relevant faculty and academic staff and departments concerned and also adequate facilities for the students from the People's Republic of China, which include intensive seminars, synchronous or asynchronous tutorials, assignments marking, setting of examinations and marking of papers, invigilation or proctoring of examinations and examination rooms;

(b)the first Defendant