Haidar Mohd Noor JCA:

In this application the appellant prayed for an order for extension of time for him to file the record of appeal pursuant to r. 18(7) of the Rules of the Court of Appeal 1994 ("the Rules") which reads:

The memorandum and copies above referred to which, together shall be called the record of appeal shall be filed at the Registry within six weeks after the entry of the appeal or within such further time as the Court may allow.

In support of the application, the solicitor for the appellant filed an affidavit setting out the grounds for the delay. In essence, the delay is grounded on:

(1) non-compliance with the Practice Direction No. 1 of 1996 dated 5 February 1996 issued by the President of the Court of Appeal;

(2) would not prejudice the respondent.

The respondent objected to the application.

Non-compliance With Practice Direction No: 1 Of 1996

On 13 October 1997, the learned High Court judge dismissed the appeal of the appellant against the judgment of the lower court on liability and quantum. It is a running down action.

On 7 November 1997, the appellant filed notice of appeal against the decision of the learned High Court judge.

On 10 Decemb