JUDGMENT

V.C. George J:

This is a summons to the Judge for the review of the Registrar's taxation of the bill of costs of the 2nd defendant.

The plaintiff's claim against the 1st defendant was in respect of a term loan of RM600,000, interest and costs. The claim against the other defendants including the 2nd defendant was on the written guarantee given by them in respect of the repayment of the loan, interest and costs and other related charges. The amount said to be owing when the writ was filed was RM697,451.13.

The Senior Assistant Registrar had given an O. 14 judgment against the 2nd defendant. The appeal against it was allowed and the 2nd defendant was given unconditional leave to defend. One ground for allowing the appeal was that it being an on-demand guarantee a condition precedent to suing was whether there had been a demand and on the facts before the Court whether a demand had been made was found to be a bona fide triable issue. The plaintiff thereafter, not unexpectedly, sought leave to withdraw the action as against the 2nd defendant (and the 4th defendant) with liberty to re-file after a fresh demand was made. The Senior Assistant Registrar had refused the applicati