JUDGMENT

Atan Mustaffa Yussof Ahmad J:

Introduction

[1] This judgment concerns an application by the Defendant to set aside a Judgment in Default obtained by the Plaintiff pursuant to the Defendant's failure to enter an appearance in a suit filed by the Plaintiff for breach of contract. The Plaintiff's claim against the Defendant arises from a contract for the supply and delivery of medical examination gloves which the Defendant failed to fulfil, resulting in loss and damage to the Plaintiff. The Defendant contends that the Judgment in Default should be set aside as the delay in filing the application was unintentional and it has a defence on the merits, namely that the Plaintiff's proper cause of action lies against the Defendant's supplier and not the Defendant itself. The Plaintiff opposes the application on the grounds that it is filed out of time without any satisfactory reasons and the Defendant has not demonstrated a valid defence on the merits or raised any triable issues to warrant the Judgment in Default being set aside.

Background Facts

[2] The Plaintiff, NPG Global Pte Ltd, and the Defendant, Malaysian German Resources Sdn Bhd entered into a contract for the sale and purchas