JUDGMENT

Vincent Ng J:

Preamble

Before me is the defendant's appeal (encl. 17) against the decision of the learned senior assistant registrar (SAR) on 6 September 2002, dismissing the defendant's application to set aside the writ of summons and statement of claim dated 8 October 2001.

Background Facts

It is undisputed that the plaintiff's claim against the defendant was founded upon an agreement dated 28 February 1997; whereby the plaintiff was to be paid a registration subsidy of RM500 for each handphone issued to their members. The plaintiff sought to recover RM1 million.

The plaintiff had on 23 April 1999 caused to be issued a writ of summons based on the same cause of action videCivil Suit No: D4-22-1156-99 (the first suit).

The defendant entered their appearance and filed their statement of defence to the first suit. The plaintiff then, for reasons best known to themselves, went into hibernation for exactly a year five months and 16 days before taking out the summons for directions (SFD) under O. 25 of the Rules of the High Court 1980in the first suit.

The diligent defendant took immediate steps to set aside the SFD and to have the whole of the first suit dismissed for want of