JUDGMENT

Heliliah Mohd Yusof JCA:

[1] Enclosure 4(a) was a notice of motion which was filed by the appellant/applicant and contained two prayers. The first (prayer (a)) sought leave for extension of time to file and serve the record of appeal. This was granted without any difficulty or objection from the respondent (that is in respect of both the appeal and the motion itself). Hereafter both parties are to be referred as the appellant and respondent.

[2] It is the second prayer (prayer (b)) which has raised issues which warrant written grounds being furnished. In prayer No. 2 the appellant was seeking that the Index of the Appeal Record and the exhibits thereto are to be determined by the Court of Appeal.

[3] Due to the unusual nature of the application it is very necessary to divulge the background leading to this application.

[4] It was explained, before us, when the matter was being heard that previously on 29 January 2008 the same application had also been heard by another panel of the Court of Appeal. It was determined then that pursuant to r. 18(6) of the Rules of the of Appeal 1994 the matter should be determined by the Registrar of the High Court as specifically provided there