INTRODUCTION

[1] This is an appeal by the defendant against the decision of the learned judicial commissioner of the High Court at Johor Bahru allowing the plaintiff’s application for summary disposal of the suit filed by the plaintiff against the defendant on a point of law under O 14A of the Rules of the High Court 1980 (‘the RHC’) and entering summary judgment in favour of the plaintiff.

[2] At the appeal stage before the Court of Appeal the defendant filed a notice of motion in encl (24a) pursuant to r 7 of the Rules of the Court of Appeal 1994 and s 69 of the Courts of Judicature Act 1964 for an order that the defendant be at liberty, upon the hearing of the present appeal to adduce and refer to the fresh and further evidence as exhibited in exhs ‘YTC1 ’, ‘YTC2 ’, ‘YTC3 ’, ‘YTC4 ’ and ‘YTC5 ’ to the affidavit of Yiap Toon Cheng affirmed on 16 August 2007. Having heard the arguments of learned counsel for the defendant and the plaintiff we unanimously allowed the defendant’s application in encl (24a) and made an order in terms of the application. We find that the defendant has satisfied the necessary conditions as set out in r 7(3A) of the Rules of