VC George J:

This is the plaintiffs' appeal from the order of the Senior Assistant Registrar of 9 May 1985 dismissing the plaintiffs' application for summary judgment under O. 14 and giving the defendant unconditional leave to defend.

The plaintiffs by their statement of claim contended that they had for and at the request of the defendant made certain payments, RM333,333.33 to one Kauri Sdn. Bhd.(hereinafter referred to as Kauri) and RM3,888,709.29 to Kauri's solicitors M/s Mah-Kok & Din and in consideration of their having done so the defendant had agreed to repay the amount (totalling RM4,222,042.62) together with interest thereon at the rate of the plaintiffs' costs of funds (which it was contended was at the relevant stage 12.5% p.a.)on or before 15 August 1983. It was further contended that the defendant had made certain part repayments and as to the balance (and further interest to be accrued), at the request of the defendant, the plaintiffs had agreed to allow the defendant to pay off the amount in certain agreed monthly instalments. After three of these instalments had been paid the defendant had ceased making further payments leaving a balance of RM2,800,000 togethe