Buttrose J (with whom Wee Chong Jin CJ and Tan Ah Tah J concurred):

These proceedings are concerned with dealings between the plaintiff, a finance company, and the defendant, a taxi driver, relating to a Holden motor car.

The case as presented by the pleadings was this:- In the statement of claim the plaintiff alleged that on 17 June 1960 the defendant sold and delivered the car to the plaintiff for $9,000. At or about the time of the sale the defendant undertook at the direction of the plaintiff to cause the car to be transferred to and registered in the name of the plaintiff or one Lim Boon Hin to whom the car was hired out under a hire purchase agreement also dated 17 June 1960, entered into between the plaintiff and Lim Boon Hin subsequent to the sale of the car by the defendant to the plaintiff. The plaintiff delivered to the defendant on 17 June 1960 the registration card, certificate of insurance and transfer form signed by Lim Boon Hin relating to the car to enable the defendant to effect the transfer and registration of it in favour of Lim Boon Hin in pursuance of the defendant's undertaking referred to above. The defendant failed and neglected to do so and re