Mokhtar Sidin JCA:

We have allowed the appeal earlier whereby we ordered that the order for sale dated 15 October 1987 be set aside. Now we give our reasons for doing so.

The appellant filed an application by way of summons in chambers to set aside the order for sale granted by the High Court on 15 October 1987. The summons in chambers was dated 26 August 1992. That application was supported by an affidavit affirmed on 22 August 1992 by Mr. Tan Chong Keat on behalf of the appellant. The relevant paragraphs in the affidavit are:

4. For the purpose of this application, I crave leave to refer to the Order for Sale granted by this Honourable Court on 15th October 1987 wherein the plaintiffs are claiming for the sum of $55,488,823.63 as at 15th October 1987, a copy of the said Order is annexed herewith marked as exhibit 'A'.

5. At the time the Order was granted, the defendant company representative nor their solicitors, Messrs Choo Yeang & Company, was not present and the Order for Sale was made in our absence.

6. We have since engaged Messrs Harjit Singh Sangay & Company.

7. I also crave leave of this Honourable Court to refer to the Notice of Default issued against the defend