Low Hop Bing J:

Appeals

The defendants have filed two notices of appeal against two orders of the learned registrar made on 29 November 2002:

1. allowing plaintiff's application for summary judgment in encl. (31); and

2. dismissing defendant's application to strike out the plaintiff's writ and statement of claim under O. 18 r. 19(d) of the Rules of the High Court 1980, in encl. (33).

Factual Background

The plaintiff's claim against the first defendant is for the sum of RM422,083.13 as at 30 April 2002, being the balance of the purchase price for electrical goods ("the goods") sold and delivered to the first defendant, and against the second defendant as a guarantor for the same amount, on the basis of the guarantee executed by the defendants on 1 November 1999 in favour of the plaintiff.

The first defendant has a running account with the plaintiff until this action was filed.

As at 31 January 2002, the first defendant was indebted to the plaintiff in the sum of RM403,440 for which the first defendant gave the plaintiff a cheque of the same date, signed by the second defendant and another person by way of settlement thereof. However upon presentation for payment, the cheque