JUDGMENT

Faridz Gohim Abdullah JC:

(Enclosure 75)

Introduction

[1] Vide Notice of Appeal dated 21 March 2025, the 1st Defendant, Nurain binti Lias is appealing against my decision given on 24 February 2025 in dismissing her Notice of Application dated 30 September 2024 [encl 75] to set aside the judgment dated 24 February 2023 [encl 19] entered in default of appearance and defence with costs of RM2,000.00 subject to allocator.

[2] Below are the grounds for my decision.

Brief Background Facts

[3] The 1st Defendant is sued in her capacity as the Administratrix of the estate of Lias Bin Drahman (Deceased). By the Writ dated 30 August 2024 [encl 1] and Statement of Claim dated 1 September 2024 [encl 2], the Plaintiffs claim that the Deceased and the 2nd Defendant had committed an anticipatory breach of an alleged agreement dated 5 June 2013 for a parcel of land described as Lot 454, Lambir Land District.

[4] Thereafter, a judgment dated 24 February 2023 [encl 19] was entered against the 1st Defendant in default of appearance and defence ("JID") pursuant to O 13 r 1, O 19 r 2 and O 42 r 5 of the Rules of 2012 ("ROC 2012").

[5] On 30 September 2025, the 1st Defendant had filed a Notice of Applic