JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This judgment concerns encl 50, which is the application brought by the first and third defendants (referred to respectively as "D1" and "D3") seeking to set aside the default judgments that were entered against them on 23 August 2024. For D1, the company accused of orchestrating delays, the Court applied the stringent Saudi Eagle test which demanded proof of a defense with real prospect of success. Whereas, for D3, the bankrupt director caught in procedural limbo, the Court applied the more lenient Evans v. Bartlam test requiring only an arguable defense.

Background Facts

[2] The plaintiffs, Uwe Lange and Christiane Lange, are German nationals who claimed to have been deceived into parting with their funds under the guise of a friendly loan agreement.

[3] The second defendant, Sascha Sainer ("D2"), is the cousin of the first plaintiff and played a central role in inducing the plaintiffs to provide a short term friendly loan to his company, SYS Holding Sdn Bhd ("D1"). The fourth defendant, Noor Adilah Binti Ahmad ("D4"), is D2's wife. D1 is a company registered in Malaysia and allegedly controlled by D2 and D4. The third defendant, Ya