Abdul Malik Ishak J:

Introduction

[1] The plaintiff obtained summary judgment against the defendants. Being aggrieved, the defendants filed a notice of appeal to the Judge in chambers as reflected in encl 14. There were numerous triable issues which can only be decided at the full trial and only after hearing the oral evidence of the witnesses. I allowed the defendants' appeal in encl 14 with costs and I gave an unconditional leave to defend. I too ordered the plaintiff to file Form 63. In an appeal of this nature, it is trite law that only one triable issue would be sufficient to decide the appeal in favour of the defendants.

[2] The usefulness of summary judgment can never be doubted. It is a means of disposing of cases which are virtually uncontested. If the plaintiff can prove its claim clearly and if the defendants are unable to set up a bona fide defence or raise an issue against the claim which ought to be tried, judgment should be given in favour of the plaintiff (Roberts v. Plant (1895) 1 QB 597 (CA); Robinson & Co v. Lynes (1894) 2 QB 577; Dane v. Mortgage Ins Corpn (1894) 1 QB 54 (CA); and Nassau Steam Press v. Tyler (1894) 70 LT 376).

[3] In contesting the summary j