Prologue

[1] This judgment deals with the question as to whether an ex parte order made by the Senior Assistant Registrar (SAR) in giving leave to the defendant to enter a conditional appearance and to within 30 days of the order to apply to set aside the writ and/or the service of it, can be extended ex parte by a subsequent application by the defendant.

[2] It is to be noted that the order made ex parte also contained an order for a stay of all proceedings against the defendant until the final disposal and determination of the defendant's application to set aside the writ and/or the service of it.

Parties

[3] The plaintiff had issued a writ and statement of claims against the defendant for the sum of RM1,500,000 being the amount on a Bank Muamalat cheque given by the defendant which was dishonoured upon presentation and due notice of dishonour had been given to the defendant. As the cheque was dishonoured in Kuala Lumpur when the plaintiff presented it for payment at its bank, HSBC in Kuala Lumpur, the plaintiff had commenced its action in the Kuala Lumpur High Court.

[4] The writ had inadvertently stated that entry of appearance was eight days when it should have bee