Nik Hashim JCA:

In this appeal, the three appellants (the defendants in the court below) appealed against the decision of the learned judge when he reversed the learned senior assistant registrar's decision and hence dismissing the appellants' application to set aside the respondent's (the plaintiff's) judgment in default (JID) of appearance entered against the appellants on 21 July 1999.

The appeal was heard and dismissed on 11 September 2003. We now give our reasons.

Factual Background

By way of a lease agreement dated 17 January 1983 (the lease agreement) the respondent as owner of the equipment therein stated leased the same to a company called Joo Fah Huat Sdn Bhd (the lessee). The appellants, directors of the lessee, entered into a guarantee and indemnity also dated 17 January 1983 (the guarantee and indemnity) in favour of the respondent as guarantors to the lessee.

On 1 August 1997, the respondent's solicitors sent their demands to the appellants as the said guarantors. A writ of summons was filed against the appellants on 29 December 1997. On 18 November 1998 an order for substituted service of the writ of summons against the appellants was granted by the court (the ss ord