Alauddin J

Before this court there are two applications to be heard. Enclosure 3 is an application by the plaintiff under O 19 r 7(1) of the Rules of the High Court 1980 ('the RHC') for an order that default judgment be entered against the defendant for failure to file their statement of defence.

Enclosure 8 is an application by the defendant for leave to file their memorandum of appearance and statement of defence out of time. They also apply for an extension of time to file the affidavit in reply to the plaintiff's application at encl 3. Background facts

The plaintiff claims that as a member — of the defendant company he had invested a sum of RM10,000 towards its capital. The defendant company carries its business under the style of Kulim Intensive Driving Centre Sdn Bhd and has its registered office at No 507, Jalan Cengai Hijau, Taman Bersatu, 09000 Kulim, Kedah. The defendant company's main activity is to train and give driving lessons to motor vehicle drivers in preparation for their applications for valid driving licences from the Road Transport Department. It is also registered with the Road Transport Department, for that purpose.

The defendant company started its business