Siti Norma Yaakob JCA:

[1] We had dismissed this appeal, made no order as to costs and directed that the deposit be refunded to the appellant. We now give our reasons for having decided so.

[2] In the Court below, the respondent/plaintiff had sued the appellant/defendant to enforce a judgment obtained by the respondent in proceedings for damages for personal injuries brought by him against one Kassim bin Yunus, the driver of the motor vehicle that was involved in a collision with the respondent. At the material time the said Kassim bin Yunus had insured the motor vehicle with an insurance company known as L'Union Des Assurances De Paris, IARD, a French-based company whose business in Malaysia is conducted by the appellant.

[3] The appellant entered a conditional appearance to the respondent's writ and statement of claim and this was followed by the appellant filing an application under O 2 r 2 of the Rules of the High , 1980 (RHC) to set aside the writ and statement of claim on the grounds that the respondent had sued the wrong party as the policy was issued by the French company and not by the appellant.

[4] At the hearing of the application, the appellant raised a preliminary