JUDGMENT

Raja Azlan Shah (Malaya) CJ (delivering the judgment of the Court):

The facts in this case are fully stated in the judgment of Harun J, in which (1) he dismissed the application of Central Securities (Holdings) Berhad, "the third party" to set aside the third party notice, and (2) he allowed Haron bin Mohd Zaid "the defendant" to enter final judgment against the third party.

On 12 March 1975 the defendant agreed to sell to Syarikat Seri Padu Sdn. Bhd. "the plaintiffs" 560,000 fully paid-up ordinary shares of $1 each of United Holdings Bhd. at $8 per share. The plaintiffs paid the total sum of $4,480,000 for the said shares and the defendant agreed to deliver to the plaintiffs the share certificates and the instruments of transfer within one week. The defendant delivered effectively only 36,722 shares. The plaintiffs' claim was for the refund of the purchase price of $4,186,224 paid in respect of the undelivered 523,278 shares, damages, interest and costs.

The writ was filed on 21 May 1977. The defendant entered appearance on 13 June 1977 and on 21 June 1977 took out a summons for leave to issue and serve a third party notice on the third party. The said leave was granted