Kamalanathan Ratnam J

This is an application to set aside a judgment dated 18 May 1998. The judgment was obtained by the plaintiff pursuant to O 19 r 7(1) of the Rules of the HIGH COURT ['RHC'] made by way of a summons in chambers dated 29 April 1998 (encl 9). Order 19 r 7(1) of the RHC reads as follows:

Default of defence: Other claims

(1) Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in r 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, apply to the court for judgment, and on hearing of the application the court shall give such judgment as the plaintiff appears entitled to on his statement of claim.

In its affidavit in support of encl 9 affirmed on 27 April 1998, the plaintiff's solicitors deposed that the amended writ and statement of claim had been served on the defendant on 2 April 1998 and that to date, no appearance had been entered on behalf of the defendant. The plaintiff had also on 5 March 1998 obtained an ex parte injunctio