Nik Hashim JC:

The application in encl. 2 is an originating motion to have the arbitrator's award dated 29 January 1997 set aside. The application is made under ss. 23 and 24 of the Arbitration Act 1952 and governed by O. 69 r. 4 of the Rules of the High Court 1980 (the RHC). The originating motion is dated 11 March 1997 and supported by the applicant's affidavit. The respondent has filed an affidavit in reply affirmed by Dr. Tan Kok Peng on 9 May 1997.

Before hearing the merit of the application, the respondent raised a preliminary objection, ie, the applicant failed to comply with O. 69 r. 4(2) of the RHC in not stating the grounds of the application in general terms on the notice of motion.

Order 69 r. 4(2) of the RHC states:

In the case of every such application, the notice of motion must state the grounds of the application; and, where the motion is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with that notice. (Emphasis added).

In the body of encl. 2, the applicant merely stated:

Dan selanjutnya ambil perhatian bahawa alasan-alasan bagi permohonan ini adalah disokong di dalam affidavit Dr. Woo Kin Chong yang diik