Abu Mansor Ali JCA:

This is an appeal against the decision of this Court given on 30 September 1996 refusing the application of the appellant for extension of time to file and serve their memorandum and appeal record out of time.

The facts of this case are as follows. The appellant was respondent in the Court below (hereinafter called "the appellant") and the present respondents were applicants (hereinafter called "the applicants").

The applicants commenced an action against the appellant in Kuala Lumpur High Court in Notice of Motion No. D3-25-8-94 on 11 May 1994 praying for a declaration that the trade mark "Enkei" was solely owned by the applicants and that the Registrar of Trade Marks Malaysia do delete the registered trade mark "Enkei" No. 86/00087 which was registered in the name of the appellant. The notice of motion was first fixed for hearing on 5 October 1994 but the appellant applied for a postponement of this hearing.

On 5 October 1994, in the absence of the appellant or their solicitors, the Judge granted the applicants the order in terms of their application that trade mark "Enkei" was at all material time owned by the 1st applicant and that the trade mark