Abdul Hamid Mohamad JCA:

[1] In this notice of motion the applicant prays for an order to stay the execution of the judgment of the High Court dated 11 August 2000 until the appeal against that judgment is heard and decided upon. We dismissed the application.

[2] An action was commenced in the High Court at Kuala Lumpur (Civil Suit No D6-22-1211-97) by Bank Bumiputra Malaysia Berhad, (the former plaintiff) against the applicant claiming a sum of RM1,137,997.79 and costs. The action was based on a banking facility in the form of an "Irrevocable Letter of Credit" given by the respondent to the applicant.

[3] The former plaintiff applied for a summary judgment. The senior assistant registrar allowed the application and gave judgment for the former plaintiff. The applicant appealed to the judge in chambers. On 31 March 1999, after hearing the appeal, the learned judge made the following order:-

Court:-

I have read the written submission and there appears to be an issue as to who and on whose authority the lien of RM1,046,200/- was released to third party and whether the person giving the instruction is an authorised person. The Court requires evidence to be tested at the trial.

I acc