VC George J:

On 7 October 1989 by an ex parte originating summons the Kuala Lumpur Industries Bhd., Group of Companies (the group) obtained a s. 176(10) (of the Companies Act 1965) order whereby the plaintiffs in a number of pending proceedings against one or more of the members of the group were restrained except by leave of the Court from all further action or further proceedings against the members of the group the restraining order to be effective for a period of 2 months from the 7 October 1989.

It would appear that it was envisaged that a s. 176(1) (of the Companies Act 1965) order would within that 2 months be obtained. On 7 October a s. 176(1) application had not been filed.

MBF Finance Bhd. (MBF), is one such plaintiffs affected by the order of 7 October. On 2 November it filed its application encl. (9) in the Court file seeking to be given leave to intervene in the originating summons to move the Court to set aside the order of 7 October on the ground that the Court did not have the jurisdiction to make the order and that in any event the order should not have been made. Leave to intervene was given and I thereafter directed my mind to the application to set asid