This is an appeal by the plaintiff against the decision of the Senior Assistant Registrar refusing the plaintiff's application for summary judgment under O. 14 of the Rules of the High Court 1980.

The plaintiff is a company incorporated in Malaysia with its registered office at Suite EF, 17th Floor, Bangunan Angkasa Raya, Jalan Ampang, Kuala Lumpur. The defendant is a commercial bank licenced under the Banking Act with its office at Ground Floor, Bangunan Kuwasa, Jalan Raja Laut, Kuala Lumpur.

In its statement of claim the plaintiff averred that at all material times, it was a customer of the defendant bank and operated a current account No. 55-5464. At the material times, the plaintiff's overseas buyers had paid to the credit of the plaintiff a large sum of money on account of its trading transactions. Amongst the payments made by the plaintiff's overseas buyers to the defendant bank was a total sum of US$336,657.90 and another RM153,557 which had not been credited to the plaintiff's account. The particulars of the sums not credited to the plaintiff's account were stated in para. 6 of the statement of claim. Paragraph 6 of the statement of claim states as follows:

6. Part