(delivering the judgment of the Board): This is an appeal from an interlocutory order of the Federal Court of Malaysia. The question that it raises is whether an action (herein called "the New Action") brought by the respondent against the appellant in the High Court in Borneo by a Writ and Statement of Claim dated May 16, 1972 ought to be summarily dismissed as frivolous and vexatious. The principal relief sought in the New Action was to set aside a judgment entered against the respondent on December 27, 1969 in a previous action (herein called "the Old Action") between the same parties for the sum of $718,266.85, due under an agreement of November 21, 1968. The appellant's application to set aside the Writ and all subsequent proceedings in the New Action was based on the inherent jurisdiction of the court to prevent abuse of its process. Affidavit evidence was adduced by each party. Upon consideration of this evidence the High Court (Lee Hun Hoe J.) was satisfied that the New Action was frivolous and vexatious and brought "to defeat the course of justice in the hope of delaying the execution of a judgment", sc. in the Old Action. He, accordingly, set aside the procee