Hishamudin Yunus J:

Enclosure (61) is an appeal to the judge in chambers by the appellant/garnishee, a firm of solicitor known as Messrs Isharidah, Ho, Chong & Menon, against the decision of the learned senior assistant registrar made on 20 October 1997 in respect of encl. (27).

Enclosure (27) was an application before the senior assistant registrar to set aside a garnishment order made against the garnishee on 21 January 1997 in their absence.

The reason why the appellant/garnishee had applied to the senior assistant registrar to set aside his order was because they (ie, the appellant/garnishee) was not informed of the hearing date (ie, 21 January 1997) and was thus absent on the hearing day. In other words they were not given the opportunity to be heard.

On 20 October 1997 the senior assistant registrar heard the application to set aside (ie, encl. (27)) and dismissed it. Hence, this appeal.

I allowed the appeal because, in my judgement, there is merit in the application before the senior assistant registrar to set aside his order made on 21 January.

I am of