Decision

There are two applications before me. The first is made by the defendant herein to set aside a judgment in default of defence entered against it. The second is made by the plaintiff herein and seeks to set aside the appearance entered by the defendant to this action as well as to amend the judgment it has entered against the defendant. By the proposed amendment, the plaintiff seeks to have the judgment entered in default of defence to read as one in default of appearance. The facts giving rise to these applications may be shortly stated.

On 30 November 1999 the plaintiff commenced this action against the defendant.

The writ issued out of the registry was not indorsed with a statement of claim; it was instead indorsed with a concise statement of the nature of the claim made. That claim was for the sum of RM307,575.27 being the price of goods sold and delivered together with interest thereon. The plaintiff also, further or in the alternative, claimed against the defendant as drawer of six cheques, all identified in the indorsement, which upon presentation for payment were dishonoured and although the defendant had notice of such dishonour did not pay the same. The t