Lord Lane (delivering the judgment of the Board):

This is an appeal from the Federal Court of Malaysia who had upheld the decision of Mohamed Azmi J in the High Court. The short point is whether the respondent under the rules is out of time for and accordingly barred from appealing to the Federal Court.

The history of events is as follows. The appellant in December 1975 filed an originating summons to set in motion foreclosure proceedings in respect of certain lands charged by the respondent to the appellant. Somewhat surprisingly, in view of the allegation of fraud and undue influence made by the respondent, the matter was decided by the learned Judge on affidavit evidence. Sitting in chambers on 6 September 1976 he made the various orders for which the appellant prayed, including an order that the lands should be sold by public auction on 13 December 1976 for the recovery of the monies owing.

On 8 September 1976 the respondent's solicitors wrote to the High Court requesting that the Judge should bear further arguments in open Court.

On 14 October 1976 that is to say some five weeks after the original determination, the High Court informed the respondent's solicitors t