Abdul Wahab Patail J:

[1] The following applications were set down for hearing on 2 April 2003:

(i) Enclosure 18: Defendant's appeal to judge in chambers against decision of senior assistant registrar dismissing defendant's application to strike out main action on grounds that publication to the disciplinary board is covered by absolute privilege.

(ii) Enclosure 36: Plaintiff's application for committal against defendant.

(iii) Enclosure 40: Defendant's application to set aside leave for committal proceeding.

Whether encl. 40 Should Be Entertained

[2] The plaintiff argued that since court had granted leave to commence committal, it is a prima facie finding that there was contempt, and therefore the defendant's application at encl. 40 cannot be heard until she has purged her contempt. Therefore also, since encl. 40 cannot be heard, it was submitted that the court should proceed with encl. 36, being the plaintiff's application for committal.

[3] Although it is true that a prima facie finding of contempt is necessary to be made out for leave to be granted, it does not necessarily follow that the defendant is barred from an application to set aside leave. Where such an applica