JUDGMENT

George Seah SCJ:

This was an appeal against the dismissal of an application by the appellants (defendants in the Court below) to set aside the interlocutory judgment in default of appearance dated 15 March 1985 as well as a judgment assessing damages in the sum of RM241,032 dated 15 June 1985. We think we ought to allude to the relevant facts.

The respondent (plaintiff in the Court below) took out a writ against both the appellants claiming damages for personal injuries and pecuniary losses following a motor accident which took place on 4 July 1983. When the appellants did not enter an appearance after having been duly served with the writ and the statement of claim default judgment was entered against them on 15 March 1985 with damages to be assessed. On 16 May 1985 the appellants applied by summons-in-chambers for the interlocutory judgment in default of appearance to be set aside. The application was supported by an affidavit affirmed by one Ahmad Sukarno bin Abdullah Nawawi. After hearing the oral submissions of learned Counsel for the appellants and the respondent the learned Judge dismissed the application with costs to be taxed on 7 June 1985. There was no appeal ag