VC George J:

On the 11 September 1981 the defendants' motor car CM 5905 ran into the rear of the plaintiff's motor car CE 10, the force of the collision causing it to be pushed into the rear of another vehicle CP 2277 which had been in front of the plaintiff's motor car. The plaintiffs motor car was damaged.

By his solicitors' letter of 22 December 1982 the plaintiff gave notice to M/s. Malaysia Pacific Insurance Co. Ltd., the insurers of the defendants' motor car, of the fact of the accident and of the commencement of legal proceedings against the owner and driver of the motor car CM 5905.

The insurance company was asked to name solicitors (if any) that would accept service of the writ to be issued against the said owner and driver. There was no reply to this letter.

The writ was caused to be issued on 30 December 1982 and on the 19 January 1983 the writ was served on the said owner and driver who are the defendants named in the writ.

On the 31 January 1983 a certificate of non-appearance in respect of each of the defendants was issued by the Court and Judgment in default against each of the defendants for the amount, interest and costs prayed for in the statement of clai