Abdul Kadir Sulaiman J:

By a specially indorsed writ of summons, the plaintiff claims against the defendant for alleged agreed commission of RM300,000 (the commission) for introducing the defendant to be a sub-contractor for Pembinaan Masrafan Sendirian Berhad/Hidroelektra JV ("Masrafan") who is the contractor for the upgrading, improvement and bitumen surfacing of Bau Lundu Sematan Road, Section A, B and C ("the Project"). The said writ of the plaintiff was served on the defendant on 23 April 1994 and on 27 April 1994 the defendant filed its memorandum of appearance followed by its defence on 4 May 1994. On 12 May 1994 the plaintiff filed an application under O.14 of the Rules of the High Court 1980 (the RHC) for summary judgment combined with one under O.18 r.19 of the RHC for the striking out of the defence. However, at the hearing, the plaintiff elected to proceed only with his application for summary judgment.

The hearing of the application of the plaintiff was originally scheduled for hearing before the learned Senior Assistant Registrar (the SAR) on 30 July 1994. However, before the hearing date, on 25 July 1994 the defendant filed its affidavit in opposition to the