Abdul Malik Ishak J:

[1] Mr Mohd Fairuz bin Abdullah, learned counsel for the plaintiffs, was magnanimous enough to withdraw the originating summons against the first to the fifth defendants on 26 November 1998 and an order to that effect was made with costs to be assessed. That application for leave to cease the originating summons against the first to the fifth defendants can be seen in encl 14 which was supported by an affidavit of Lim Yuk Lan, a director of the plaintiffs and an individual authorised to affirm the affidavit in support as seen in encl 13 which was affirmed on 7 November 1998. In encl 13 at para 5, there was an intimation that the plaintiffs, through their solicitors by letter dated 1 October 1998 labelled as "without prejudice" addressed to the solicitors of the first to fifth defendants, had proposed a settlement to these proceedings. But the plaintiffs were still keen to proceed against the sixth defendant one Wang Boon Kang and for that reason the hearing of encl 5 was adjourned to 22 December 1998. As Mr Ng Chew Hor of counsel for the sixth defendant had to proceed to the Singapore National Eye Centre for treatment on 22 December 1998, the hearing of