JUDGMENT

FACTS

The plaintiff filed this Originating Summons for foreclosure against the defendant on 31.1.97. On 5.1.98 after hearing arguments and submissions I dismissed the Originating Summons with costs. The defendant promptly filed a Notice of Taxation and a Bill of Costs which was taxed on 4.3.98.

The plaintiff also filed a writ in the Kuala Lumpur High Court by way of D6-22-31-97 for the same debt due and owing. On receipt of the defence the plaintiff applied to strike it out under O 18 r 19 of the Rules of the High Court 1980 (the RHC). The defendant then applied to amend its defence. This application to amend was dismissed by the learned Senior Assistant Registrar with costs. On appeal to Judge in chambers my learned brother K.L. Rekhraj J allowed the `appeal by consent. He also ordered that the defendant be allowed to amend its defence with taxed costs to be paid to the plaintiff within 30 days and that the plaintiff be given liberty to file a fresh application under O 18 r 19 of the RHC after the earlier application was allowed to be withdrawn with costs thrown away to be paid to the plaintiff. After the defendant had filed its amended defence the plaintiff again applied