Vincent Ng J:

The applicants made an application ex parteby an originating summons dated 2 November 1999 (encl. 1) for a Trade Description Order pursuant to s. 16(1) of the Trade Descriptions Act 1972 ("the Act") in respect of the use or application of "BLANSACAR", "Five Star Device" and/or Chinese characters which'reads "WU XING SHANG JIANG", as shown in Certificate of Registration No. 91/02436 in the Schedule. On 18 November 1999, the court granted a Trade Description Order ("the said TDO") as set out in the said TDO. About a year and nine months thereafter the intervenor made an application by way of summons in chambers dated 13 August 2001 for leave to intervene and to set aside the said TDO, and on 7 February 2002 the intervenor was allowed leave to intervene. To urge me set aside the said order of 18 November 1999, the intervenor submitted three grounds, as follows:

(a) As the applicants had full knowledge of the existence and identity of the intervenor they should have not have made the application ex parte;

(b) The said TDO does not satisfy the requirement of s. 16 of the Trade Descriptions Act 1972; and,

(c) The said TDO was based on material non-disclosure of fac