[1] The appellant Tan Sri Darshan Singh appealed to this court against the decision of the High court on 10 February 2012 where that court:

(a) Dismissed the appellant's Notice of Motion under O 52 r 3(1) of the Rules of the High court 1980 at encl 70 to commit the respondent/ garnishee (hereinafter the garnishee) for contempt of court; and

(b) Allowed the garnishee's application at encl 73 to set aside the ex parte order at encl 69 pursuant to O 52 r 2(2) made on 23 November 2011 granting leave to commence committal proceedings.

The Memorandum Of Appeal

[2] In his Memorandum of Appeal, the appellant asserted that the learned judge erred in law and in fact as follows:

(a) In setting aside encl 69 which is the ex parte application of the appellant for leave to commit the respondent.

(b) In ho