Mary Lim Thiam Suan JCA (Majority):

[1] Before the High Court, the appellant was unsuccessful in his appeal against the dismissal of his application to set aside a judgment in default obtained by the respondent on 18 January 2016 and that the appellant be given leave to extend time to file a Memorandum of Appearance and Defence. Upon due consideration of the submissions, reasons for the learned Judicial Commissioner's decision and the record of appeal, by majority, the appeal was allowed these are our reasons in full.

Background

[2] The respondent is a law firm comprising at the material time six advocates and solicitors with areas of practice in banking, property, corporate and insurance. In 2012, the respondent decided to expand its area of practice to include motor insurance. Towards this end, on 3 October 2012, the respondent appointed the appellant as a legal assistant; it seemed after the appellant had given the respondent's senior partner the impression that he was experienced in the field of motor insurance.

[3] The respondent claimed that it had provided the appellant a total of RM1,620,730.00 for the expansion. The respondent claimed that the appellant ceased turning