Chong Siew Fai J:

There are three applications by way of summons-in-chambers before me:

1. the plaintiff's application dated 8 June 1989 to strike out the 5th defendant's defence and for judgment to be entered in the sum with interest and costs claimed in the action;

2. the 5th defendant's application dated 21 March 1990 for dismissal of the plaintiff's action for want of prosecution, or alternatively, as being vexatious or an abuse of the process of the Court, and costs; and

3. the plaintiff's application dated 4 September 1990 for leave to discontinue the action against the 5th defendant and for costs of the application.

Background of Case

The plaintiff instituted this action for recovery of various sums totalling RM1,334,171.14, and interest at diverse rates on various sums against the 1st defendant as principal and against the other six defendants as guarantors of whom the 5th defendant was one. There is also a claim for "costs on a solicitors clients basis".

The 5th defendant delivered a defence dated 20 April 1989.

On 4 May 1989 judgment in default of appearance was entered against the 1st and the 7th defendants. The default judgment also included "costs on a solicit