Abdul Wahab Patail J:

The appellant, Tan Wee Hun, had filed on 23 July 1996 an application for orders that:

- Leave to file that application out of time.

- The decision of 23 December 1994 be set-aside.

- Stay of execution until the hearing of the application.

- Costs of the application.

On 23 December 1994 the Sessions Court had ordered that the appellant pay to the respondent, Inchcape Equatron (M) Sdn Bhd the sum of $49,813 together with interest thereon at the rate of eight percent per annum from 5 November 1994 until date of full payment and costs of $1,085.

The appellant is dissatisfied with the decision of the judge of the Sessions Court at Shah Alam made on 9 December 1996 refusing to set-aside the order made on 23 December 1994.

In support of his application of 23 July 1996, the appellant said that a receiving order and an adjudication order had been made against him on 18 November 1993. But he had no knowledge of the orders in October 1995 after the respondent had issued a writ of seizure and sale and had seized his premises on 27 September 1995. Only then, he said, he had appointed solicitors in his defense. His solicitors, he said, had conducted a bankru