ABDUL MALIK ISHAK J

The defendant filed a summons-in-chambers in encl 39 on 18 September 1997 to, inter alia, set aside the judgment in[1998] 6 MLJ 511 at 514 default of appearance obtained by the plaintiff on 1 August 1995 against the defendant as reflected in encl 22. The defendant's application in encl 39 was supported by an affidavit of Wong Tin Kai affirmed on 17 September 1997 and filed on 18 September 1997 as reflected in encl 38.

The unsealed copies of encll 39 and 38 were served on the plaintiff on 18 September 1997. The plaintiff responded and served their affidavit-in-reply in encl 44, that was affirmed by Lim Chiap Chuan @ Lim Chiap Chuah on 24 October 1997, to the defendant on 29 October 1997. At the hearing of the summons-in-chambers in encl 39 before the senior assistant registrar (‘the SAR’) on 4 November 1997, the defendant raised two preliminary objections couched in the following words:

(1)that the plaintiff's affidavit-in-reply in encl 44 did not comply with O 32 r 13(2)(b) of the Rules of the High Court 1980 (‘the RHC’) and consequently, should not be considered by the court; and

(2)that the exhibits in encl 44 especially the exhibits in ‘LCC 2’ and ‘LCC 3’ from