Edgar Joseph Jr. J:

At the conclusion of the arguments yesterday, I dismissed this Appeal and would now state my reasons for having done so.

The appellant (the defendant in the Court below) had applied unsuccessfully to set aside a default judgment, giving possession of certain premises known as Godown No. 121, Weld Quay Foreshore, Penang ("the premises") occupied by it, to the respondent (the plaintiff in the Court below), both parties being incorporated companies.

The record provided shows that on the date fixed for hearing, although the suit had been thrice stood down, to enable the appellant and/or its Counsel to appear, neither did so. In the event, the respondent's Counsel asked for judgment in default to be entered in favour of his client and an order was made accordingly. In doing so, the learned President was clearly acting within the ambit of her powers since both the appellant and its Counsel were absent. (See Shaharudin bin Abdul Rahman v. Satisah Ismail Sdn. Bhd. [1982] CLJ (Rep) 747). This was on 15 September, 1982.

Six days later, the appellant applied to set aside the default judgment under the provisions of O. 28 r. 8(1) of the Subordinate Courts Rules, 19