[1] This judgment relates to a preliminary objection raised by the defendant, hereinafter referred to as the respondent, regarding a leave application (encl 2(a)) under s 96(a) of the Courts of Judicature Act 1964 (the CJA) filed by the plaintiff (applicant). The leave application is against the decision of the Court of Appeal handed down on 16 June 2011.

[2] A couple of weeks after the filing of encl 2(a), the applicant filed encl 21(a). Enclosure 21(a) has several prayers inclusive of the prayer for an order that the hearing of encl 2(a) be stayed, that the view of Gopal Sri Ram JCA (as he then was) in Chung Khiaw Bank Ltd v. Tio Chee Hing , 2004 MarsdenLR 1975 delivered on 9 April 2004 be adjudicated as having no effect and that the order of the Court of Appeal delivered through him be set aside, and further that the respondent's counsel be disqualified from representing the respondent in related legal proceedings inclusive of the proceedings in these two enclosures.

[3] The Court fixed these two encls of 2(a) and 21(a) to be heard on 5 July 2012 on which date this panel was confronted by a preliminar