Ahmad Fairuz JCA:

This is an appeal against the decision of the High Court at Ipoh allowing the plaintiffs application for leave to withdraw its claims against the second and third defendants with liberty to file a subsequent action against the second and third defendants based on the same cause of action (hereinafter referred to as "the said application").

The second and third defeiidants (the appellants in this appeal) were sued as guarantors of a loan advanced by the plaintiff/respondent to the first defendant. The respondent's application for summary judgment against the appellants were allowed by the High Court. The appellants appealed to the Court of Appeal which allowed the appeal and directed that the respondent's suit be entered for trial within 30 days from 16 January 1995 (see the Court of Appeal's decision in [1995] 1 AMR 622). The respondent, instead, filed the said application. The reasons for the said application were stated in the respondent's affidavits and the learned High Court judge had correctly stated those reasons in his grounds of judgment thus:

The plaintiffs' reason for wanting to discontinue their claim was based on the decision of the Court of