On 5 February 1988, the plaintiff had judgment entered against the defendant in the sum of $200,000 and $350 costs. On 1 March 1988, the plaintiff, on an ex parte application, obtained a garnishee order nisi against Gamuda Sdn Bhd ('the garnishee') by which all debts due or accruing due from the garnishee to the judgment debtor was attached to answer the said judgment. The garnishee order nisi also stated that the garnishee was required to attend before the senior assistant registrar on 16 March 1988 to show cause why the order nisi should not be made absolute.

The order nisi was duly served on the garnishee. The ex parte summons and the supporting affidavit by which the order nisi was sought and obtained do not appear to have been served on the garnishee. Now, although 16 March 1988 was the appointed date for cause to be shown, it would appear that the application was in fact heard and disposed of on 13 April 1988 when the plaintiff judgment creditor was represented by counsel but the garnishee was absent. The senior assistant registrar, pursuant to O 49 r 4(1) on the basis that the garnishee had not attended at the hearing, made the order absolute.

On 5 July 1988, the