Don't take things easy

With my client

This was a classic case of taking things easy and for granted. These 3 kampong folks were sued for a sum of RM125,000-00 being contract sum due and owing. When the summons were served on them, they informed us that they became victims to an unscrupulous middle man. They said the had given pre-signed cheques to the middle man who agreed to make payments to contractors on their behalf. My contractor client was not paid and apparently these 3 guys were not aware. Looks like these 3 had been fleeced.

I reminded them many times to appoint a lawyer and issue third party proceedings against the middle man. But no, they wouldn't listen.

They left me with no choice but to record default judgment against them. Three (3) months down they road, they appoint a firm of Solicitors and filed an application to set aside the default judgment on grounds that the same was irregular. Reason(s) - all three (3) were present on the day judgment was recorded but they did on come forward as their names were not called by the court interpreter. No other reason was given and no explanation was given as to why the delay in applying to set aside.

Yesterday, 17/12/2017 the Court dismissed their application with RM1,000-00 costs. I am told they will be appealing.