Nik Hashim JCA:

Background

This appeal is against the decision of learned judge of the Seremban High Court given on 29 September 1997 in varying 20 September 1996 consent judgment on the respondent's application to set aside the same.

The appellant's/plaintiff's case against the respondent/defendant is for payment in the sum of RM445,350 for work done by the appellant pursuant to a sub-contract between the appellant and the respondent.

On 18 September 1996 to 19 September 1996, the hearing of this case proceeded before the learned judge with the plaintiff calling three witnesses and the defendant calling one witness to testify. When the case came up for continued hearing on 20 September 1996, it was stood down for settlement by the parties. Assisted by their respective solicitors, the terms of settlement were arrived at between the parties. Consequently the learned judge in the presence of the parties recorded the settlement as follows:

DALAM MAHKAMAH TINGGI MALAYA DI SEREMBAN DALAM NEGERI SEMBILAN DARUL KHUSUS, MALAYSIA

Guaman No. 22-66-1991

Antara

Gai Hin Refrigeration Sdn. Bhd. Plaintif

Dan

Kamanis Holdings Sdn. Bhd. Defendan

Dihadapan Yang Arif

Dato' Mohd Noor Bin Hj.