Whitley J:

This was an action to set aside a judgment. The Plaintiffs are beneficiaries under the will of Cheah Choon Seng deceased and in the course of the hearing they obtained an Order whereby they were appointed to represent all the beneficiaries under that Will. The second Defendant who is bankrupt is the sole trustee of the Will. The first Defendant is a moneylender. The third Defendant is joined as the Official Assignee of the property of the Second Defendant and is willing to submit to any order.

Cheah Choon Seng died on the 4^th February 1916 and the second Defendant became the trustee in 1921 in the place of Cheah Hee Nyan retired.

On the 31^st December 1928 the second Defendant borrowed from the first Defendant the sum of $6,000 with interest at $1.10 per $100 upon a promissory note payable on demand signed by the second Defendant with the addition beneath his signature of the words "Trustee of the state of Cheah Choon Seng deceased" stamped with a rubber stamp.

On the 5^th January 1934 in Originating Summons No. 142 of 1933, the first Defendant supported by his own affidavit and that of the second Defendant, applied for an order that the Deputy Accountant General