Syed Ahmad Helmy JCA:

[1]The appellants herein are the second, fourth and fifth defendants in the court below and the appeal pertains to the dismissal of the appellant’s application to set aside the judgment in default obtained against them on 1 July 2009.

[2]The suit was instituted against the appellants in their capacity as the former directors of the company known as Euro-Asian F & B Services (M) Sdn Bhd (‘the company’) which has since been wound up.

[3]The subject matter of the claim is for outstanding EPF contribution/payment between December 1992 and August 1993 together with dividend and interest and upon a certificate of non-appearance being recorded judgment in default was entered against the appellants on 1 July 2009.

[4]The appellant’s appeal was dismissed by the learned High Court judge. Hence this appeal.

[5]The issue for determination is the interpretation to be accorded to what is commonly referred to as a non-obstante clause appearing in ss 46(1)65(1)Employees Provident Fund (‘EPF Act’)Limitation Act

[6]The principal contention of the appellants was that the phraseology ‘notwithstanding the provisions of any other written law’ appearing in the non-obstante ss 46(1)65(1)EP