Kang Hwee Gee J:

(Enclosure 51)

This is an application of the 4th defendant to set aside the order of Steve Shim J (as he then was) allowing the plaintiff's appeal against the order of the registrar in setting aside judgment in default obtained by the plaintiff against the 4th defendant earlier.

The Background

The plaintiff bank had by a facilities agreement granted to the 1st defendant company banking facilities of RM3,000,000. The facilities was secured inter alia, by the personal guarantee of the 2nd, 3rd, 4th and 5th defendants.

The 1st defendant defaulted in repayment. The plaintiff sued the 1st defendant as the principal debtor and the 2nd, 3rd, 4th and 5th defendants as guarantors.

The writ of summons were duly served on the 1st, 2nd, 3rd and 5th defendants. They entered appearance and subsequently filed their defence to the plaintiff's claim.

As for the 4th defendant however, he could not be located at his last known address. Ultimately he had to be served with the summons by substituted service, by a notice in the Malay Mail and on the notice board of the court.

Having failed to appear on the effective date, judgment in default of appearance was subsequently enter