Ian HC Chin J:

This appeal arose out of the setting aside of a judgment entered on 22 January 1999 against the defendants who are owners of the vessels named Giwi, Giwi II, Gikim, Giswee, Gisoon, Gijoo and Gihuat. Judgment was entered on the ground that the defendants had failed to comply with an "unless order". The defendants applied to set aside the judgment on the ground, inter alia, that the said judgment was entered irregularly since there was no default on the part of the defendants in complying with the two orders. The two orders, both dated 13 October 1998 ordered the defendants to within 21 days from the date of the order serve the plaintiffs further and better particulars of certain paragraphs of the defence and answer certain interrogatories to be served on them. By 6 January 1999, the further and better particulars and the interrogatories were not served. However, there was no question of noncompliance of that order concerning the answer of interrogatories since the interrogatories were not served. Be that as it may, the plaintiffs, being the owners of and being persons interested in the cargo, applied for an "unless order" on the ground that the defendants had