Low Hop Bing JCA (delivering judgment of the court)::

PRELUDE

[1] For purposes of simplicity, the parties herein are referred to in their respective capacity in the Johor Bahru High Court.

[2] This is the plaintiff’s appeal against the decision of the learned High Court judge:

(i) in setting aside the ex parte extension of the validity (‘the ex parte

extension’) of the plaintiff’s writ (‘the writ’); and

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(ii) in striking out the writ.

FACTUAL BACKGROUND

[3] The plaintiff was a property development company; and the defendant, a licensed financial institution.

[4] On 25 March 2004, the plaintiff filed the writ against the defendant, based on the defendant’s alleged breach of contract, and prayed for, inter alia, damages amounting to RM110,990,476.20; further unspecified general and exemplary damages; pre-judgment interest pursuant to s 11 of the Civil Law Act 1956; and costs.

[5] As the plaintiff had not served the writ on the defendant within the six-month validity period prescribed in O 6 r 7(1) of the Rules of the High Court 1980, the plaintiff filed an ex parte summons in chambers (encl 5) dated 10 September 2004 to extend its validity. The lear