JUDGMENT

Abdul Malik Ishak JCA:

Introduction

(1) After having filed his writ and his statement of claim, the appellant (Ismail bin Abdullah) applied for summary judgment against the respondent (Tenaga Nasional Berhad) under O. 14 of the Rules of the High Court 1980 ("RHC"). On 27 November 2006, the deputy registrar allowed the appellants summary judgment application.

(2) Aggrieved by the decision of the deputy registrar, the respondent filed an appeal to the High Court. On 10 December 2007, the learned Judicial Commissioner ("JC") allowed the respondents appeal. It is against the decision of the learned JC in respect to the O. 14 matter that the appellant appeals to this court.

(3) However, on 19 December 2006, the respondent filed an application to amend its statement of defence in encl. 46 after the deputy registrar had allowed the appellants summary judgment application.

(4) On 22 February 2007, the application to amend the respondents statement of defence in encl. 46 came up for hearing before the senior assistant registrar ("SAR"). On 12 March 2007, the SAR dismissed encl. 46.

(5) The respondent then appealed to the High Court and, on 6 November 2007, the learned JC al