JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This is the Defendant's application in Enclosure 7 ("this Application") dated 18 December 2019, to set aside the judgment in default of appearance ("JID") dated 23 January 2019, which was dismissed by this Court for the following reasons.

The Background Facts

[2] The Plaintiff company, at the material time, was in the business of distribution of stone and marble products, whilst the Defendant company was in the business of engineering and construction works. On 13 November 2013, the parties entered into an agreement where the Plaintiff had agreed to supply to the Defendant, marble and granite stones for a construction project of two apartment blocks. Although the Plaintiff had delivered two supplies of stones, and had issued the delivery notes, the Defendant had failed to make outstanding payments amounting to a total sum of over MYR1 million ("the Outstanding Sum").

[3] Due to the Defendant's failure to settle the Outstanding Sum, the Plaintiff filed the Writ of Summons and Statement of Claim on 19 December 2018, and since the Defendant had failed to enter appearance, judgment in default of appearance ("JID") was entered against the De