Lamin J

This is an appeal under O 56 r 1 of the Rules of the High Court 1980 on the decision of the learned senior assistant registrar in respect of an application (encl 25) by the defendant, inter alia, for an order that the senior assistant registrar's order dated 13 July 1986 (encl 23) on summons for directions (encl 14) be set aside. In the order (encl 23) the reserve price was fixed at $216,000 and at the same time the said order was accompanied by a 'liberty to apply' clause. The appeal was essentially on two points, namely, the reserve price and the interpretation of the 'liberty to apply' clause.

If I may deal with the second point first and in this respect the learned counsel for the defendant/appellant maintained that with the 'liberty to apply' clause being made part of the order (encl 23) the said order in so far as the reserve price was concerned would have the effect that it was not final. When the plaintiff (the party who obtained the order) for example could not enforce the sale, the plaintiff could come to the learned senior assistant registrar to vary the price and likewise the defendant is also entitled to approach the senior assistant registrar to vary the said