JUDGMENT

Gunn Chit Tuan SCJ:

Before we heard this appeal, one Nasir Ibrahim (hereinafter referred to as "the respondent") had filed a notice of motion dated 4 May 1992, to move the Court for an order that the appeal of South East Asia Insurance Bhd. (hereinafter referred to as "the appellant") to the Supreme Court, its notice of appeal dated 14 May 1991, and the memorandum of appeal dated 24 June 1991, be all struck out and that the costs of the application and the costs of the appeal be awarded to the respondent. The application was supported by an affidavit of Christie Marie Soosay Nathan, his Counsel, who stated that the appellant's appeal was against the decision of Justice Datuk Shaik Daud given on 8 April 1991, whereby the learned Judge had in chambers allowed an appeal by the respondent against the decision of the Senior Assistant Registrar who had dismissed the respondent's application to strike out the appellant's writ of summons and statement of claim in proceedings known as Kuala Lumpur High Court Civil Suit No. D1-22-2229-89.

After the learned Judge had pronounced his decision in chambers on 8 April 1991, an oral application for further arguments in open Court was made