LIM BENG CHOON J

The sole question posed to this court is whether the plaintiff was entitled to discontinue this action commenced by it against the first defendant thereby depriving the first defendant the rights allegedly already accrued to it in its summons to set aside the injunction obtained by the plaintiff on 4 March 1988.

In order to understand the issues which give rise to the aforesaid question it is necessary to refer briefly to the history of the proceedings leading to the application of the first defendant to set aside the said injunction.

On 7 July 1987 the plaintiff instituted an earlier suit dated 7 July 1987(‘the first suit’) naming Marplan Sdn Bhd as the sole defendant. The plaintiff was a specialist sub-contractor appointed by the defendant who in turn was the nominated sub-contractor of the contractor Bina Goodyear Sdn Bhd for the construction of the Selangor State Mosque at Shah Alam. The plaintiff had completed all works and the architect Jurubena Bertiga International has issued some progress payment certificates to Bina Goodyear Sdn Bhd and the plaintiff therefore claimed the money due to them under the certificates. Simultaneously with the filing of the first s