Abdul Malik Ishak J:

Introduction

[1] This was an appeal by the defendants in encl. 14 against the decision of the learned senior assistant registrar allowing the plaintiff's application to enter a summary judgment against the defendants for the sum of HK$451,421.85 or alternatively the sum of RM259,110.97 which constituted the balance from the sum of HK$1,000,000 together with interest and costs.

Facts Of The Case

[2] The plaintiff was a company having its office in Hong Kong and was involved in floral business there.

[3] On or about September 1995, the plaintiff had agreed to grant a friendly loan to the first defendant for the sum of HK$1,000,000 on the second defendant's request to assist the first defendant in its business. By a letter dated 2 September 1995, the second defendant had given his account number in Chung Khiaw Bank (M) Berhad to the plaintiff in order to facilitate the sum of RM320,000 to be remitted to him. On 12 September 1995, the plaintiff instructed its bank to remit the loan for the sum of RM320,000 into the second defendant's account. As a consideration for the plaintiff granting the loan to the first defendant, the second defendant had signed a letter o