[1] This case has an unusual history, as narrated by both counsel in their respective written submissions. Serac Asia, the plaintiff in the High Court (now appellant) issued a writ a summons against the defendant, Sepakat (now respondent), claiming for damages arising from the alleged negligence of the respondent under an insurance arrangement. The respondent failed to enter an appearance to that writ resulting in the appellant obtaining a judgment in default on the suit.

[2] The respondent then filed an application to set aside the default judgment on 28 April 2006 (encl 6 in the High Court). This was dismissed by the Deputy Registrar on 22 June 2006, and later on appeal, by the judge on 10 October 2006.

[3] The respondent then appealed to the Court of Appeal which on 6 April 2010, maintained the default judgment in respect of liability and referred the matter back to the High Court for assessment of damages.

[4] The respondents application for leave to appeal was dismissed on 18 August 2010 by the Federal Court.

[5] When the matter was fixed for hearing on the assessment of damages, the respondent filed an application (encl 29) to strike out the suit based on fraud and lack of locus