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2002 MarsdenLR 1845 ; 2002 MarsdenLR 1

T SELVENTHIRANATHAN
OCBC BANK (MALAYSIA) BHD – Appellant
Versus
SIN LEE MENG FARM SDN BHD – Respondent


Advocates:
For the plaintiffs/respondents - Dahlia Lee Wooi Mien; M/s Shook Lin & Bok
For the defendants/appellants - Mathews George; M/s Danaraj Mathews Jimmy & Sara

JUDGMENT

T Selventhiranathan J:

The plaintiffs appealed videencl. (21) to the judge in chambers ("the appeal") against the dismissal by the Senior Assistant Registrar ("the registrar") on the 27 March 2000 of their application for summary judgment against the defendants under O. 14 of the Rules of the High Court 1980 (also "the O. 14 application") videencl. (14). However, while the appeal was pending, the first defendant was wound up by an order of the High Court in Malaya at Johor Bahru pursuant to a petition filed by a third party. The first defendant appealed to the Court of Appeal against the winding-up order but since that appeal had not been heard and disposed of, the plaintiffs have not withdrawn the present action against the first defendant but have been holding it in abeyance until the determination of that appeal. However, pending the outcome of that appeal, the appeal in encl. (21) was proceeded with against the second to the fifth defendants. In this judgment, any reference to "the defendants" shall mean a reference to all five defendants or the second to the fifth defendants, as the context may require.

Pursuant to two lease agreements and eight hire-purchase agreemen

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