ALASAN PENGHAKIMAN LISAN

OLEH YANG ARIF HAKIM DATO' KANG HWEE GEE

(Oral Judgment delivered immediately after submission.)

This is my oral judgment:(ex-tempore)

This is an appeal by the judgment creditor against the decision of the Senior Assistant Registrar in allowing the judgment debtor's application to set aside the creditor's petition.

The judgment creditor contends that the petition should be set aside on ground of that the deponent of the affidavit supporting the petition was deposed to by a Mr. Lim Teong Hin who had no authority to act for the judgment creditor. He has failed to show that he had such an authority. The petition itself was signed by Mr. Lim saying that he was acting under seal of the company the judgment creditor. The judgment debtor had challenged that he was authorized under the seal to act for the judgment creditor. The burden would therefore lie on the judgment creditor to show that Mr. Lim was authorized under the seal of the petitioner to present the petition.

The petition was therefore irregular and should be set aside.

The ground of the judgment creditor's appeal is as follows:

At the hearing of the application before the Senior Assistant Registrar Mr. Lim him