Wan Suleiman FJ:

[1] The judgment of the court which I am about to read has been written by the Lord President.

[2] The plaintiff was until some time in April, 1967, an employee of the Overseas Chinese Banking Corporation ("the bank"). He was a member of its Staff Provident Fund. He alleges that pursuant to the rules of the fund he was entitled to be paid within six months of leaving the bank the maximum benefit under the fund. The defendants, fellow employees of the bank, manage the fund. They refuse to pay the plaintiff anything; so the plaintiff sues them, claiming:

(1) maximum benefit under r 10 of the fund;

(2) an account to be rendered by the defendants;

(3) interest on the maximum benefit; and

(4) other relief.

[3] It is not disputed that the plaintiff was a member of the fund when he was with the bank, but the defendants deny that he was entitled to anything, as the plaintiff had admitted in a letter that he had been guilty of misconduct while serving as Acting Manager of the bank at Kota Bharu, Kelantan, such misconduct entitling the defendants to apply his benefit under the fund to make good any loss suffered by the bank under r 10(2) of the rules of the fund.

[4] This wa