Abdul Hamid Mohamad JCA:

The appellant (the plaintiff in the High Court) is the company that manages the Regency Hotel and Resort at Port Dickson, belonging to the respondent (the defendant in the High Court). A management agreement was entered by the parties on 15 September 1991. It was to last for ten years. The appellant would be paid 5% of the total annual revenue. Under the agreement the appellant was to have uninterrupted control and operation of the hotel and the respondent agreed not to interfere with the day to day running of the hotel.

On 5 December 2001, the appellant filed a suit (S5-22-1254 of 2001) from which this appeal arises. In the suit, the appellant alleges that the respondent had failed and/or neglected to pay the appellant its management fees from October 1995 amounting to RM348,582.43 as at 31 December 1996. The appellant also alleges that the respondent had wrongfully and unlawfully terminated the management agreement. There is also another suit filed in Kuala Lumpur High Court No. D2-22-67-96 between the parties which is still pending.

On 6 December 2001, the appellant filed an ex partesummons in chambers praying for the following orders:

1. The De