THE APPEAL

The defendant applied to set aside the judgment in default of appearance obtained by the plaintiff and for leave to file the defence and also for a stay of all proceedings until the hearing of the said application. On 6.9.2000 the learned Senior Assistant Registrar (SAR) granted an order in terms of the defendant's application. This is the plaintiff's appeal against that said decision.

FACTS AND CHRONOLOGY OF EVENTS

The defendant's address stated in the writ was No. 5 Persiaran Lidcol, Off Jalan Yap Kwan Seng, 50450 Kuala Lumpur, which was its then registered address (the Yap Kwan Seng address). The writ was posted to the defendant by pre-paid registered post at the defendant's subsequent registered address on 13.1.2000 and an affidavit of service was filed. The registered address of the defendant according to a search made on 5.1.2000 was 12-1A Jalan Hilir 1, Taman Sri Angsana Hilir, Kampung Pandan, 55100 Kuala Lumpur (the Kampung Pandan Address). The AR registered acknowledgement card was returned with a signature duly acknowledging receipt of the said writ on 17.1.2000. The plaintiff then entered judgment in default of appearance on 23.2.2000. The defendant t