Mokhtar Sidin JCA:

We have dismissed this appeal earlier and we now give our reasons for doing so.

In the present appeal, the respondent had, on 22 August 1988, entered judgment against the appellant in the High Court of the Republic of Singapore. On 11 April 1989 the respondent proceeded to register the judgment in the High Court of Malaya at Kuala Lumpur under the Reciprocal Enforcement of Judgments Act 1958. The judgment obtained in the High Court of the Republic of Singapore was worded as follows:

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Suit No. )

43 of 1988 )

Between

SIM LIM FINANCE LTD

... Plaintiffs

And

1. PHELIM INVESTMENTS PTE LTD

2. DATOK WONG KEE TAT

3. WONG TECK LIM

... Defendants

JUDGMENT

THE 22ND DAY OF AUGUST 1988

No Appearance having been entered by the 3rd Defendant herein.

IT IS THIS DAY ADJUDGED that the 3rd Defendant do pay the plaintiffs

(i) the sum of S$1,532,987.86;

(ii) interest at the rate of 18% per annum from 29th October 1987 till the 22nd August 1988 amounting to S$226,042.21; and

(iii) S$1,071.00.

Dated the 22nd day of August 1988.

Sgd.

ASSISTANT REGISTRAR

Entered this 22nd day of August 1988.

Volume 403 page 112 at 3.10 p.m.

On 11 April 1989 the senior assistant registrar in the High Court of Malaya at Kuala Lumpur issued the following order:

IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (CIVIL APPEALS & MISCELLANEOUS APPLICATION) ORIGINATING SUMMONS NO. R8-24-31-89

In the Matter of Reciprocal

Enforcement of Judgments Act, 1958

And

In the Matter of a Judgment of the

High Court of the Republic of

Singapore obtained in Suit No. 43

of 1988 and dated the 22nd August

1988.

Between

SIM LIM FINANCE LTD ... Plaintiffs

And

1. PHELIM INVESTMENTS PTE LTD

2. DATOK WONG KEE TAT

3. WONG TECK LIM ... Defendants

Between

SIM LIM FINANCE LTD ... Plaintiffs

And

WONG TECK LIM ... Defendant

BEFORE THE SENIOR ASSISTANT REGISTRAR,

ENCIK AHMAD ZAIDI IBRAHIM

THIS 11TH DAY OF APPIL, 1989IN CHAMBERS

ORDER

UPON the application of Sim Lim Finance Ltd, the Plaintiffs abovenamed AND UPON READING the Ex-parte Originating Summons dated the 17th day of March, 1989 and the Affidavit of Teh Choo Thok affirmed on the 21st day of February, 1989 both filed herein AND UPON HEARING Miss Yee Chooi Mee @ Josephine Yee Chooi Mee of Counsel for the Plaintiffs abovenamed IT IS ORDEREDthat the Judgment dated the 22nd day of August 1988 of the High Court of the Republic of Singapore, whereby it was adjudged that the abovenamed Wong Teck Lim, the Defendant abovenamed do pay Sim Lim Finance Ltd, the Plaintiffs abovenamed:

(1) The sum of Ringgit $2,055,260.95 (equivalent to S$1,598,181.14 at the exchange rate of S$100.00 to Ringgit $128.60 as at 22-8-88);

(2) Further interest of 8% per annum is payable on the Judgment debt from 22-8-88 until date of payment;

be registered as a Judgment of the High Court in Malaya pursuant to the Reciprocal Enforcement of Judgments Act, 1958 AND IT IS ORDEREDthat the abovenamed Wong Teck Lim be at liberty to set aside the said registration within fourteen (14) days after service upon him of notice of such registration pursuant to rule 7 of Order 67 if he has grounds for doing so, and that execution upon the said Judgment will not issue until after the expiration of that period or any extension of the period granted by the Court; or if an application be made to set aside the registration until such application has been disposed of AND IT IS LASTLY ORDEREDthat the said Wong Teck Lim do pay the costs of this application.

Dated the 11th day of April, 1989.

Sgd

Senior Assistant Registrar

High Court, Kuala Lumpur.

The notice to the judgment debtor of the registration of the foreign judgment was issued on 14 April 1989 and addressed to the appellant. On 15 April 1991 the appellant took out a summons-in-chambers to set aside the order of the senior assistant registrar registering the Singapore judgment. This application was heard by the deputy registrar of the High Court who on 20 July 1994 dismissed the app