Eusoff Chin J:

[1] The applicant Lee Meow Lim is the landlord of the whole premises known as No 278, Jalan Changkat Thambi Dollah, Off Jalan Pudu, Kuala Lumpur ('the premises'). He rented it out to Lee Meow Nyin, trading as Cheong Fatt Merchant ('the respondent'), at a monthly rental of $4,000 per month.

[2] On 5 January 1988, the applicant filed an ex parte application under O 38 r 2 of the Rules of the Subordinate Courts 1980, for the issue of a writ of distress against the respondent for arrears of rent for January to December 1987.

[3] On 8 January 1988, the sessions court issued a writ of distress for the recovery of the arrears of rent for the 12 months in the year 1987, amounting to $48,000.

[4] Nabisco Brands (M) Sdn Bhd (hereinafter referred to as 'Nabisco') filed a notice of application (undated) supported by an affidavit of its credit controller, Lee Siew Beng, affirmed on 2 April 1988. Nabisco's application was for the following orders:

(1) Leave be granted to Nabisco Brands (M) Sdn Bhd to intervene in the proceedings herein pursuant to O 8 r 6 of the Rules of the Subordinate Courts 1980;

(2) The writ of distress abovestated be set aside;

(3) No moneys be paid out to t