Low Hop Bing J:

Application

This is the defendants' application in encl. (9) for an order that: (1) the originating summons herein be converted into a writ under O. 28 r. 8 of the Rules of the High Court 1980; and (2) En. KP Ng, his law firm and the legal assistants in his law firm be disqualified from acting in this case.

Submission For Defendants

It was submitted by En. Tee Geok Hock, learned counsel for the defendants, that where there is likely to be substantial dispute of fact, writ is the proper mode of proceedings and originating summons is not appropriate. He added that disputed facts of importance to a case should not be tried or assessed by analysis of conflicting affidavits and that such factual disputes should be tried and decided by oral testimonies of relevant witnesses who can be compelled by subpoena to testify in order to find out the truth of the matter. Order 5 r. 4(2) of the Rules of the High Court 1980 and Ong Ah Moy v. Nga Ah Fan & Ors[1978] 1 MLJ 177 and Ting Ling Kiew & Anor v. Tang Eng Iron Works Co Ltd[1992] 3 CLJ 1685; [1992] 1 CLJ (Rep) 331 were cited in support.

For the purposes of disqualifying En. KP Ng, his law firm and the legal assistants