JUDGMENT

Low Hop Bing JCA:

Introduction

[1] These two related appeals viz Court of Appeal Civil Appeal No. W-03-10-2006 ("Civil Appeal No. 10") and Civil Appeal No. W-03-11-2006 ("Civil Appeal No. 11") were lodged by the appellant - plaintiff ("the plaintiff") against the decision of the learned judge of the Kuala Lumpur High Court given on 8 December 2005 whereby the plaintiff's application, to set aside the default judgment which the plaintiff had entered against the second respondent ("the second defendant") on 16 January 2001, was dismissed with costs.

[2] The facts, issues and parties in these two appeals are the same. Submissions were presented in Civil Appeal No. 11. The parties have agreed that the decision of this Court in Civil Appeal No. 11 would be binding on the parties in Civil Appeal No. 10.

[3] After hearing submissions, we have on 9 January 2007 unanimously dismissed Civil Appeal No. 11 with costs. These are our grounds of judgment. (For brevity and convenience, a reference hereinafter to an order and a rule is a reference to that order and rule in the Rules of the High 1980 , unless otherwise stated.)

Factual Background

[4] The plaintiff had a current account with HSBC