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2007 MarsdenLR 2738 ; 2007 MarsdenLR 1

GOPAL SRI RAM, ABDULL HAMID EMBONG, SURIYADI HALIM OMAR
RIBARU BINA SDN BHD – Appellant
Versus
BAKTI KAUSAR DEVELOPMENT SDN BHD – Respondent


Advocates:
For the appellants - Dato VK Lingam (Pradeep Kumar with him); M/s VK Lingam & Co
For the respondents - K Anantham (K Siva Kumar with him); M/s Skrine

JUDGMENT

Gopal Sri Ram JCA:

[1] This appeal is directed against the order of the High Court granting the defendant (respondent before us) unconditional leave to defend the action. In doing so, the learned judge reversed the order of the senior assistant registrar entering judgment for the plaintiff (appellant before us) for part of its claim. The plaintiff had claimed a sum of RM12,391,117.85. But the registrar only granted judgment for RM5,835,327.31, directing that the balance should go for trial. The plaintiff made no complaint about this latter portion of the registrar's decision. However, the defendant appealed to the judge who, as we said a moment ago, allowed the appeal.

[2] Now, we must say at once that this court does not as a general rule entertain appeals against orders granting unconditional leave to defend. See, Lee Teng Siong v. Lee Kheng Lian [2006] 4 CLJ 443; [2006] MLJU 289. But there may be cases where appellate intervention is called for reasons of justice. Such cases include but are not confined to those which turn "on the construction of a few documents and the court was only concerned with what, in its judgment, was the true construction" (per Raja Azlan Shah

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