Abdul Hamid Mohamad JCA:

[1] By a writ action No D3-22-1033-91 H Rosen Engineering BV ("Rosen") sued Ventura Industries Sdn Bhd ("Ventura") claiming for payment of a sum of RM423,000, interest and costs. That amount was for the balance that Ventura should pay Rosen under an Agency Agreement dated 1 August 1989 between them. On 28 May 1992 Rosen obtained a summary judgment against Ventura under O 14 of the Rules of the High 1980 ("RHC 1980").

[2] On 28 December 1995 Rosen took out an Originating Summons No D2-24-432-95 against Siow Yoon Keong, the appellant in this appeal. Rosen sought, in brief:

(a) A declaration that the business of Ventura had been carried out with intent to defraud the creditors of Ventura, especially Rosen or for a fraudulent purpose;

(b) A declaration that the appellant was knowingly a party to the carrying on of the business of Ventura in that manner and shall be personally responsible, without any limitation of liability, for the debt or other liabilities of Ventura to Rosen.

(c) An order that the appellant pays to Rosen the balance sum of RM423,000 together with interest for which a judgment had been obtained by Rosen against Ventura.

[3] On 11 April 199