Su Tiang Joo J:

Introduction

[1] The 1st defendant applied (Encl 39) pursuant to O 1A, O 2 rr 1, 3 and 5 and the inherent powers of the Court under O 92 r 4 Rules of Court 2012 (" ROC 2012") for an extension of time to apply to set aside a judgment dated 31 May 2013 entered in default ("JID") of him making an appearance (Encl 34).

[2] The JID was entered for a sum of RM4 million with interest thereon at 4% p.a. from an indeterminate date and costs on a solicitor-client basis grounded on the tort of conspiracy to injure by unlawful means.

[3] Having found that the pith and substance of the application was to set aside the JID, I had on 24 January 2025 set aside the JID with no order as to costs with the 1st defendant given 14 days to enter appearance and to file his defence within 14 days thereafter with the parties to attend before the learned Senior Assistant Registrar on 25 February 2025 to take further directions.

[4] Dissatisfied, both the 1st and 2nd plaintiffs have each appealed (Encls 66 and 67), and these are the grounds of judgment for both the appeals in short form.

Background Facts

[5] The plaintiffs and the 1st defendant are cousins, where their respective fathers ar