JUDGMENT

RULING

Re: Summons in Chambers Application of 1st Defendant dated 18.1.2005 For Stay of Proceedings (Encl. 56)

(1) The 1st Defendant has applied vide a Summons in Chambers' application dated 18.1.2005 basically for a stay of proceedings in the High Court pending the disposal of the 1st Defendant's appeal to the Court of Appeal vide its Notice of Appeal dated 13.1.2005 (Encl. 56) ("the said Application")The said Application is supported by the Affidavit of Ting Bing Cheong affirmed on 18.1.2005.

(2) The 1st Defendant's grounds in support of the said Application are-

(i) Preliminary issue: No Affidavit in Opposition filed by the Plaintiff; and

(ii) Merits of the said Application-

(a) the 1st Defendant has been seriously prejudiced by the said High Court's decision and is therefore entitled to appeal ex debito justitiae ;

(b) the said High Court's decision has the effect of putting the onus on the 1st Defendant to disprove the Plaintiff's claim before the Plaintiff could satisfy the Court that it has a valid claim against the 1st Defendant;

(c) the 1st Defendant will be further prejudiced if they are required to proceed with the hearing of the said Summons For Directions on 20.1.2005