JUDGMENT

NH Chan JCA:

The plaintiff Hong Leong Finance Bhd had sued Tamparuli Granite Quarry (Sabah) Sdn Bhd and its guarantors, Sek Ann Thong and Lee Tain Tshung for arrears of rental in a leasing agreement. The action was commenced in the High Court at Kota Kinabalu in Sabah and Sarawak.

The plaintiff had applied under O. 18 r. 19 of the Rules of the High Court 1980 to strike out the defence of the defendants and for judgment to be entered against them. The High Court on 16 February 1987 granted the application and judgment was obtained against all the defendants for RM1,211,523.66. The defendants did not appeal against this judgment. In fact it was not until very much later and after the plaintiff had taken execution proceedings on the judgment that the third defendant Lee Tain Shung (Lee) decided to apply in 1995 to set aside the judgment against him. His summons in chambers was dated 16 January 1995. On 10 June 1997 the judge in chambers dismissed Lee's application to set aside the judgment. Lee appeals to the Court of Appeal.

Irregular (Voidable) Judgments And Those Irregular Judgments That Were In The Olden Days Described As "A Nullity" Or "Void"

Before us, Mr TG Lim for L