Low Hop Bing JCA:

Prelude

[1] For purposes of simplicity, the parties herein are referred to in their respective capacity in the Johor Bahru High Court.

[2] This is the plaintiff's appeal against the decision of the learned High Court judge:

(1) in setting aside the ex parte extension of the validity ("the ex parte extension") of the plaintiff's writ ("the writ"); and

(2) in striking out the writ.

Factual Background

[3] The plaintiff was a property development company; and the defendant, a licensed financial institution.

[4] On 25 March 2004, the plaintiff filed the writ against the defendant, based on the defendant's alleged breach of contract, and prayed for, inter alia, damages amounting to RM110,990,476.20; further unspecified general and exemplary damages; pre-judgment interest pursuant to s. 11 of the Civil Law Act 1956 ; and costs.

[5] As the plaintiff had not served the writ on the defendant within the six-month validity period prescribed in O. 6 r. 7(1) of the Rules of the High 1980 , the plaintiff filed an ex parte summons in chambers (encl. 5) dated 10 September 2004 to extend its validity. The learned deputy registrar granted the ex parte extension for six months, from