RK Nathan J:

Facts

The plaintiffs were owners of a cargo of maize that was shipped on board the M.V. "Gang Cheng" and unloaded at 2 ports in Malaysia. The defendants were the owners of the MV "Gang Cheng". The plaintiffs contended that the maize was damaged when unloaded due to breaches of the Hague Rules and due to negligence on the part of the defendants.

After a long and protracted trial with each party calling their respective experts I gave my decision on 15 October 1997 wherein I found for the plaintiffs and awarded:

(1) RM1,857,262.69 or its equivalent in United States Dollars at the time of payment.

(2) Interest at the rate of 8% p.a. from date of service of writ to date of judgment.

(3) Costs to be paid by the defendants to the plaintiffs.

(4) On the issue of costs, a certificate for two counsel pursuant to O. 59 r. 19 of the RHC given the complexities of this case.

The Application

The plaintiffs then filed a notice of motion (encl. 93) to vary my decision to read as follows:

(1) The judgment sum of RM1,857,262.69 awarded to the plaintiff be converted to and expressed as US$727,197.6077 being the equivalent of RM1,857,262.69 at the rate of RM2.5540 to US$1.

(2) Pr