[1] This case has an unusual history, as narrated by both counsel in their respective written submissions. Serac Asia, the plaintiff in the High Court (now appellant) issued a writ a summons against the defendant, Sepakat (now respondent), claiming for damages arising from the alleged negligence of the respondent under an insurance arrangement. The respondent failed to enter an appearance to that writ resulting in the appellant obtaining a judgment in default on the suit.

[2] The respondent then filed an application to set aside the default judgment on 28 April 2006 (encl 6 in the High Court). This was dismiss