James Foong FCJ (delivering majority judgment):

INTRODUCTION

The facts of this case are rather straight forward. On the date fixed for hearing, which was on 13 January 2008, neither the defendants nor their counsel turned up in court. The High Court judge after giving indulgence of up to 10.30am decided to proceed with the hearing of the case in the absence of the defendants and/or their counsel. Three witnesses for the plaintiffs took the stand and tendered evidence supporting the plaintiffs’ claim. After deliberation, the High Court decided in favour of the plaintiffs and awarded them a sum of RM7.1m as general damages, 10% of RM7.1m as aggravated damages, interest at 8%pa on RM7,810,000 from date of filing the writ to date of realisation and costs, all to be paid by the first and third defendants.

The defendants’ solicitors became aware of this on the evening of the judgment through a television news broadcast. They immediately applied, [2009] 4 MLJ 610 at 625the next day, to set-aside the judgment under O 35 r 1 of the Rules of the High Court 1980 (‘RHC’). This application was heard and dismissed by the High Court on 28 January 2008. On the very same day, the defendants filed a n