Mohd. Azmi SCJ:

We allowed the appeal on 9 January 1989 and now give our reasons.

The respondent (plaintiff) sued the appellant (1st defendant) jointly and severally with Classy Homes Sdn. Bhd. (2nd defendant) for an alleged partnership debt of RM82,062.68 for materials supplied and work done in respect of millworks on two floors of the Shangrila Inn, Penang, under the terms of a sub-contract. On 29 June 1987, the date of the issue of writ, the respondent obtained by way of ex parte summons-in-chambers a Mareva Injunction against both the defendants to restrain them until further order from disposing of or otherwise dealing with monies or assets belonging to both or either of them not exceeding RM95,000 and from disposing of or otherwise dealing with the said assets or monies due to them from the main contractor- Sumitomo Construction Co. Ltd., to the extent of RM95,000. By notice of motion dated 6 July 1987, the appellant applied to set aside the ex parte Mareva Injunction and other consequential orders. The motion was heard on 4 January 1988 and was eventually dismissed on 22 February. Being dissatisfied, the appellant appealed with leave against the whole of the decisio