1. ) 1MALAYSIA DEVELOPMENT BERHAD 2. ) IMBD ENERGY HOLDINGS LIMITED 3. ) 1MDB ENERGY LIMITED 4. ) 1MDB ENERGY (LANGAT) LIMITED 5. ) GLOBAL DIVERSIFIED INVESTMENT COMPANY LIMITED 1. ) LOW TAEK JHO 2. ) TAN KIM LOONG 3. ) LOW HOCK PENG 4. ) L

1. ) 1MALAYSIA DEVELOPMENT BERHAD 2. ) IMBD ENERGY HOLDINGS LIMITED 3. ) 1MDB ENERGY LIMITED 4. ) 1MDB ENERGY (LANGAT) LIMITED 5. ) GLOBAL DIVERSIFIED INVESTMENT COMPANY LIMITED 1. ) LOW TAEK JHO 2. ) TAN KIM LOONG 3. ) LOW HOCK PENG 4. ) L

The plaintiffs failed to show sufficient legal or factual basis to set aside the JID: service was properly effected making the JID regular, the nearly three year unexplained delay was fatal to the application, there was no fraud on the court vitiating the judgment, and tactical desire to obtain a merits judgment for foreign enforcement does not justify reopening a final judgment; accordingly the application is dismissed.

Citation
WA-22NCvC-330-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff: 1MALAYSIA DEVELOPMENT BERHAD; Plaintiff: 1MDB ENERGY HOLDINGS LIMITED; Plaintiff: 1MDB ENERGY LIMITED; Plaintiff: 1MDB ENERGY (LANGAT) LIMITED; Plaintiff: GLOBAL DIVERSIFIED INVESTMENT COMPANY LIMITED (formerly 1MDB GLOBAL INVESTMENTS LIMITED); Defendant: LOW TAEK JHO; Defendant: TAN KIM LOONG; Defendant: LOW HOCK PENG; Defendant: LOW MAY LIN; Defendant: LOW TAEK SZEN; Defendant: GOH GAIK EWE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
WA-22NCvC-330-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Application to Set Aside Judgment in Default of Defence (hearing and Judgment)
Outcome
Plaintiffs' application to set aside the Judgment in Default of Defence entered against D1 and D3 on 3 November 2022 is dismissed
Legal Topics
Setting Aside Default Judgment, Service of Writ, Delay and Laches, Finality of Litigation, Fraud on the Court
Source Language
Malay/English
Civil Procedure Enforcement of Judgments International Litigation Setting Aside Default Judgment Service of Writ Delay and Laches Finality of Litigation Fraud on the Court

Case Brief

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Parties

1MALAYSIA DEVELOPMENT BERHAD

Plaintiff

1MDB ENERGY HOLDINGS LIMITED

Plaintiff

1MDB ENERGY LIMITED

Plaintiff

1MDB ENERGY (LANGAT) LIMITED

Plaintiff

GLOBAL DIVERSIFIED INVESTMENT COMPANY LIMITED (formerly 1MDB GLOBAL INVESTMENTS LIMITED)

Plaintiff

LOW TAEK JHO

Defendant

TAN KIM LOONG

Defendant

LOW HOCK PENG

Defendant

LOW MAY LIN

Defendant

LOW TAEK SZEN

Defendant

GOH GAIK EWE

Defendant

Procedural Posture

Civil Suit / Application to Set Aside Judgment in Default of Defence (hearing and Judgment)

Legal Issues

  1. 1 Whether the JID was regular or irregular
  2. 2 Whether plaintiffs established a reasonable explanation for delay
  3. 3 Whether plaintiffs demonstrated a bona fide defence with reasonable prospects of success

Ratio Decidendi

The plaintiffs failed to show sufficient legal or factual basis to set aside the JID: service was properly effected making the JID regular, the nearly three year unexplained delay was fatal to the application, there was no fraud on the court vitiating the judgment, and tactical desire to obtain a merits judgment for foreign enforcement does not justify reopening a final judgment; accordingly the application is dismissed.

Court Disposition

Plaintiffs' application to set aside the Judgment in Default of Defence entered against D1 and D3 on 3 November 2022 is dismissed

Orders

  • Plaintiffs' application to set aside the JID is dismissed with no costs
  • The Judgment in Default of Defence against D1 and D3 remains in force