JUDGMENT

Abdul Malik Ishak J:

Introduction

By way of encl. 27, the plaintiff applied for leave to enter summary judgment against the defendant pursuant to O. 14 of the Rules of the High Court 1980 ("RHC")for the sum of RM1,125,385 together with interest at the rate of 8% per annum from 7 November 1997 until the date of full settlement and costs of the application in encl. 27 and the present suit to be assessed. On 4 April 2000, the learned senior assistant registrar ("SAR") refused to accede to the plaintiff's application in encl. 27 and instead she ordered the defendant to be given conditional leave to defend by depositing a sum of RM1,125,385 into court within one month from 4 April 2000, failing which, a summary judgment will be entered against the defendant.

The plaintiff was unhappy with the decision of the SAR and naturally it filed a notice of appeal to the judge in chambers as seen in encl. 46. The defendant too was aggrieved by the decision of the SAR and it expeditiously filed a notice of appeal to the judge in chambers as reflected in encl. 44. It would be apparent that the decision of the SAR that was handed down on 4 April 2000 was double edged: it refused the plaintif