Abdul Hamid Mohamad JCA:

I have had the advantage of reading the draft judgment of my brother Abdul Aziz Mohamad who has set out the facts in great detail. In this judgment I shall only state the facts briefly.

On 11 August 1983, Laksamana Realty Sdn. Bhd. ("Laksamana") entered into an agreement with Goh Eng Hwa ("Goh"). According to the agreement, in consideration of RM30,000 paid by Laksamana to Goh, Goh agreed, inter alia,to deliver vacant possession of the land in question by 15 August 1984. Goh failed to do so. On 7 November 1991, Laksamana filed Civil Suit No. 22-144-1991 claiming vacant possession of the said land. On 10 April 1992 Goh entered appearance. On 16 April 1992 Goh was adjudged bankrupt. As Goh did not file his defence, on 26 May 1992, Laksamana entered judgment in default. The order required Goh to deliver vacant possession in 30 days. Again Goh failed to comply. On 20 June 1995 Laksamana obtained a writ of possession.

On 8 September 1995 the official assignee wrote to the court informing the court that "kebenaran telah diberi kepada sibankrap (Goh - added) untuk meneruskan tindakan kes Guaman Sivil No. 22-144-91".

On 15 September 1995 Goh applied for an