Chua J:

In the Court below Howard Cashin appeared for the plaintiff and Tan Cheng Guan appeared for the defendant. On 10 December 1965 the following judgment was delivered:

On 17 November 1965, the plaintiff in this case issued a specially indorsed writ claiming "for $11,911 being overtime pay payable by the defendants to the plaintiff for work done and services rendered by the plaintiff to the City Council of Singapore and to the defendants as an employee of the said City Council and as an employee of the defendants." Particulars of the overtime were also set out in the statement of claim endorsed on the writ.

The mandatory part of the writ is in this form. "The Honourable Dato' Wee Chong Jin, PMN, CJ of Singapore in the name and on behalf of His Majesty the Yang di-Pertuan Agong ..."

A copy of this writ was served on the defendants and they entered conditional appearance on 2 December 1965.

On 2 December 1965, the defendants issued a summons applying for the writ to be set aside for irregularity on the grounds:

(1) that the said writ was issued in the name and on behalf of His Majesty the Yang di-Pertuan Agong instead of the name of His Excellency the Yang di- Pertu