JUDGMENT

Syed Ahmad Helmy JC:

The appeal herein in encl. 88 is against the decision of the senior assistant registrar given on 7 December 2001 dismissing the defendant's application in encl. 83 for stay of the summary judgment dated 29 October 2001 pending appeal to the judge in chambers. In dismissing the application for stay the senior assistant registrar imposed a condition that the judgment sum be kept in an interest-bearing account maintained by the plaintiffs solicitors pending the disposal of the defendant's appeal against the summary judgment.

The evidence regulating the stay application in encl. 83 are to be found in the affidavit of the 2nd defendant in encl. 83A filed in support of the application on behalf of all three defendants and the affidavit in opposition of the plaintiff in encl. 87.

The principal thrust of the defendant's application for stay is founded on their contention that in an application for stay of a summary judgment the defendants' need not prove special circumstances but only a demonstration that the probabilities are in favour of the appeal being allowed and relies heavily on the High Court decision of VC George J (as he then was) in Hong Leong Finance B