JUDGMENT

Mohd Hishamudin bin Mohd Yunus JC:

This is an application by the appellant to file the memorandum of appeal out of time. Counsel of both parties have requested me to make a ruling on the interpretation of O. 55, r. 2 of the Rules of the High Court 1980, in particular on the question as to when the fourteen day period begins to run in cases where the appellant is represented by Counsel. Does time begin to run from the date of the service of Form 141 on the appellant notifying the appellant that the grounds of judgment and notes of evidence are ready, or from the date when the appellant in fact received the grounds of judgment and notes of evidence from the Subordinate Court? In the case before me, it is an agreed fact that Form 141 was received by the appellant's solicitor on 30 June 1992, and security for costs was paid on 3 July 1992, but the solicitor received the grounds of judgment and the notes of evidence from the Subordinate Court only on 15 July 1992.

Before 1 January 1991, O. 55 r. 2(1) states:

2(1) The appellant shall, within fourteen days from the date of service on him of the notice referred to in O. 49 r. 3 subrule (2) of the Subordinate Courts Rules 1980 or