JUDGMENT

Zulkefli Makinudin JCA:

Introduction

[1] These are three related appeal cases fixed for hearing before us arising from the decision of the learned judge of the High Court at Johor Bahru. The first appeal case No. J-02-521-2006 is in respect of the defendant's appeal against the decision of the learned judge given on 23 May 2006 in dismissing the defendant's application to adduce fresh evidence for the hearing of an appeal against a summary judgment entered against the defendant on 10 March 2006 ("Order dated 23 May 2006"). The second appeal case No. J-03-90-2006 is in respect of the defendant's appeal against the decision of the learned judge in affirming the summary judgment entered against the defendant on 10 March 2006. The third appeal case No. J-02-520-2006 is in respect of the defendant's appeal against the decision of the learned judge given on 23 May 2006 in allowing the plaintiff's application to enter judgment based on admission of facts under O. 27 r. 3 of the Rules of High ("RHC 1980") ("Judgment dated 23 May 2006").

Background Facts And Chronology Of Events

[2] The relevant background facts and the chronology of events leading to the present three appeal cases by