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2004 MarsdenLR 2198 ; 2004 MarsdenLR 1

T SELVENTHIRANATHAN
MALAYSIA BRITISH ASSURANCE BHD – Appellant
Versus
SIHAZKO SDN BHD – Respondent


Advocates:
For the plaintiff/respondent - Tan Keng Teck; M/s Lim Kian Leong & Co
For the 1st and 2nd defendants/appellants - Nordin Kassim; M/s Nordin Adenan & Co
For the 4th and 6th defendants/appellants - Harcharan Singh; M/s Harcharan S Sidhu & Assocs

JUDGMENT

T Selventhiranathan J:

Two notices of appeal were filed herein in respect of the decision of the learned senior assistant registrar ["the registrar"] allowing the plaintiff to sign final judgment on an application under O. 14 of the Rules of the High Court 1980 ["Order 14 application"] against the first, second, fourth and sixth defendants. The first notice of appeal in encl. (31) was filed by the fourth and sixth defendants while the second notice of appeal in encl. (32) was filed by the first and second defendants.

The registrar had, on a separate O. 14 application taken out by the plaintiff, similarly allowed the plaintiff to sign final judgment against the fifth defendant. However, the fifth defendant did not appeal against the said decision.

As for the third defendant, judgment in default of appearance had also been entered against him and there is no evidence in the file to indicate that any action has been taken by him to apply to set the judgment aside.

The plaintiff's claim against all the defendants was preceded by a letter of agreement on the part of the first defendant to accept a tender issued by a company called PNS Development Sdn Bhd ["PNS"] for the first d

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