JUDGMENT

Gopal Sri Ram JCA:

The appellant in this case, having obtained an Anton Pillar order ex parte against the respondent, was unable to sustain it inter partes. The learned Judge who set aside the order directed an inquiry into damages that may have been sustained by the respondent pursuant to the undertaking that had been given by the appellant when it obtained the Anton Pillar injunction. The appellant's appeal against the discharge of the order was dismissed by the Supreme Court. See, Syarikat Telekom Malaysia Bhd. v. Business Chinese Directory Sdn. Bhd. [1994] 2 CLJ 729 ; [1994] 2 CLJ 729 . The learned Judge then proceeded to conduct an inquiry into the issue of damages. The facts relevant to this part of the case appear sufficiently in his judgment and we find it unnecessary to reproduce them here.

The respondent supported its case by way of affidavit evidence. The appellant then applied by a summons returnable in Chambers for leave to cross-examine the deponent of the respondent's affidavit. This was in accordance with the procedure laid down by Mohamed Azmi J (as he then was) in Choo Kim San v. Malaysia Borneo Finance Corpn. (M) Bhd. [1976] 1 MLJ 37.

The learned Judge