Aliza Sulaiman J:

[1] Judgment in default ("JID") was entered against the Defendant on 17 June 2020. This Court heard the application by the Defendant to set aside the JID (encl 8) pursuant to O 13, r 8; O 42, r 13 and/ or O 92, r 4 of the Rules of 2012 ("RoC 2012") on 11 September 2020. The application was dismissed on the same date with costs of RM3,500.00, subject to allocator.

[2] Aggrieved by the decision of the Court, the Defendant filed a Notice of Appeal on 12 October 2020 (encl 21).

[3] These are my full reasons for the decision.

Brief Facts

[4] In the Statement of Claim ('soC") filed on 28 May 2020 (encl 2), the Plaintiff pleaded that EK Build Sdn Bhd is the main contractor for the project known as "Relocation of Existing Sewer Line for Proposed Mixed Development for Sky Awani 3 - Fasa I at Sebahagian Lot 29787 (Lot Asal PT 28372) Jalan Usahawan 6, Air Panas, Mukim Setapak, Wilayah Persekutuan Kuala Lumpur " ('said Project") for Skysanctuary Development Sdn Bhd.

[5] The main contractor appointed the Defendant as sub-contractor for the said Project and subsequently, the Defendant engaged the Plaintiff under two specialist sub-contracts as follows:

(a) letter of acceptanc