Abdul Malik Ishak J:

[1] This was the plaintiff's application for summary judgment in encl 9 dated 24 October 1997 under O 14 of the Rules of the High , 1980 ('RHC') against the defendant for infringement of the plaintiff's copyright in respect of artistic and literary works under the Copyright Act 1987.

[2] Enclosure 9 was filed on 29 October 1997 and it was supported by an affidavit of Gan Lee Beng that was affirmed on 24 October 1997 and filed on 29 October 1997 as reflected in encl 8. The defendant through Loi Tuan Ee affirmed an affidavit on 6 December 1997 in encl 19 to rebut encl 8. The plaintiff through Gan Lee Beng in encl 18 affirmed an affidavit in reply on 12 December 1997 which was filed on 16 December 1997 to counter encl 19. The plaintiff's writ of summons and the statement of claim in encl 2 were filed on 2 August 1997 while the defendant entered their memorandum of appearence in encl 4 on 22 October 1997 which was filed on 24 October 1997. The defendant filed their statement of defence and counterclaim as per encl 11 on 12 November 1997.

[3] It is apparent that the plaintiff filed their O 14 application after the defendant had entered their appearance and befo