James Foong JCA:

Introduction

[1] This appeal concerns only one issue: whether the appellants are allowed to set aside a judgment in default of appearance entered against them. The High Court has dismissed their application to set aside, thus this appeal to us.

Background

[2] The background of this case is relatively straight forward. The plaintiffs have filed this civil suit against six defendants. The 1st defendant is a company which the plaintiff claims the 2nd to 6th defendants (the appellants in this appeal) are and/or were at all material times directors. The causes of action in this suit as mentioned in para. 16 of their statement of claim are:

(a) Breach of Contract;

(b) Conspiracy as between the defendants to injure the plaintiffs;

(c) The defendants' breach of their duties as fiduciaries to the plaintiffs;

(d) The defendants' breach of their duties as constructive trustees to the plaintiffs; and

(e) The defendants' fraudulent breach of trust.

[3] The reliefs sought by the plaintiffs are:

(1) An account be taken of all sums due from the defendants to the plaintiffs in respect of all the causes of actions;

(1.1) That Messrs A. Pathmarajah & Co, Public Accountants,