JUDGMENT

Mohd. Azmi SCJ:

This is an application of Mr. Arthur Lee Meng Kwang (hereinafter referred to as "the advocate") for an order to set aside firstly, the ex parte order of this Court dated 4 July 1985 granting Faber Merlin Malaysia Bhd. and two others (hereinafter referred to as "the complainants") leave to commence committal proceeding for contempt under O. 52 r. 2 RHC read with r. 4 RSC 1980, and also secondly, the notice of motion filed on 16 July 1985 pursuant to the said leave, vide Supreme Court Civil Application No. 7/85.

Various objections have been raised by Mr. Humfrey Ball, Counsel for the advocate which may conveniently be classified under two headings, viz. procedural and substantive.

On procedural objections, the following are the summary of the alleged principal defects:

(1) The motion does not state that it has been issued pursuant to leave granted on 4 July 1985.

(2) No statement was before the Court on the date when leave was granted.

(3) The original documents in the ex parte application including the affidavit in support were not served on the advocate.

(4) The leave has lapsed under O. 52 r. 3(2) RHC.

(5) There was non-observance of r. 71(3) RSC 1980.

On