GROUNDS OF JUDGMENT

The plaintiff had applied for summary judgment under Order 14 of the Rules of the High Court 1980 before the Senior Assistant Registrar, against Cheng Yang Poh for debts due, pursuant to some contra share losses. A transaction of those shares (YCS shares) was supposed to have taken place through one of the plaintiffs remissiers, one Esmail bin Nadziadin. Resisting that summary judgment application, the defendant had averred, inter alia, that he did not instruct the

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plaintiff or any of its remissiers including the said Esmail bin Nadziadin to transact the alleged 390,000 YCS shares on his behalf. Encountering only those bare facts, the Senior Assistant Registrar on November 26, 1999 had no qualms in allowing the summary application. Being dissatisfied, the defendant had accordingly filed an appeal as per Order 56 of the Rules of the High Court 1980 to the Judge-in-Chambers on November 30, 1999.

It is quite trite now that under Order 56 of the Rules of the High Court 1980, an appeal is by way of rehearing, and the Judge will consider virtually all matters afresh, well armed with wide discretionary powers en route to the attainment of justice. In the process he m