Suriyadi Halim Omar J:

Sometime on 11 January 1993 the plaintiff had filed a writ of summons against the defendant at the High Court. On 10 October 1993 it was served on the defendant by way of substituted service, ie, by posting the said writ at the defendant's last known address. The defendant however did not enter appearance, hence prompting the plaintiff to enter a judgment in default of appearance (JID) against the defendant on 12 December 1993.

The defendant however made no effort to have the JID against him set aside until more than six years later, when he through his counsel filed a summons-in-chambers (encl. 10). The premise of the application was that as the service was bad, it being served at the last known address instead, the JID order thus was a nullity and must be set aside. The application was first heard before the senior assistant registrar, and upon hearing the application dismissed it thus leaving the JID unscathed.

Being dissatisfied with that decision the defendant again through his counsel filed a notice of appeal to the judge in chambers (encl. 15). At the commencement of the hearing of the notice of appeal before me, the plaintiff's counsel had ra