TAN KIAN SOON MUZART ACADEMY SDN BHD

TAN KIAN SOON MUZART ACADEMY SDN BHD

Service by registered post to the defendant's office was valid under Order 62 r.4; the defendant failed to raise any triable issues beyond bare denial and unduly delayed the application until after enforcement action, constituting abuse of process, therefore the application to set aside the default judgment is dismissed and the default judgment remains in force.

Citation
BA-A72NCvC-1612-12/2024 (Mahkamah Majistret)
Parties
Plaintiff/respondent: Tan Kian Soon; Defendant/appellant: Muzart Academy Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 October 2025
Case Number
BA-A72NCvC-1612-12/2024 (Mahkamah Majistret)
Procedural Posture
Civil Tenancy/contract Dispute / Interlocutory Application to Set Aside Default Judgment; Appeal Filed to High Court
Outcome
Application to set aside default judgment dismissed; default judgment dated 4 February 2025 remains in force
Legal Topics
Default Judgment, Service by Registered Post, Setting Aside Judgment, Abuse of Process, Costs
Source Language
Malay/English
Civil Procedure Contract Landlord and Tenant Default Judgment Service by Registered Post Setting Aside Judgment Abuse of Process Costs

Case Brief

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Parties

Tan Kian Soon

Plaintiff/respondent

Muzart Academy Sdn Bhd

Defendant/appellant

Procedural Posture

Civil Tenancy/contract Dispute / Interlocutory Application to Set Aside Default Judgment; Appeal Filed to High Court

Legal Issues

  1. 1 Whether the default judgment entered on 4 February 2025 should be set aside
  2. 2 Whether service by registered post to the defendant's office was valid
  3. 3 Whether the defendant raised triable issues sufficient to warrant setting aside the judgment

Ratio Decidendi

Service by registered post to the defendant's office was valid under Order 62 r.4; the defendant failed to raise any triable issues beyond bare denial and unduly delayed the application until after enforcement action, constituting abuse of process, therefore the application to set aside the default judgment is dismissed and the default judgment remains in force.

Court Disposition

Application to set aside default judgment dismissed; default judgment dated 4 February 2025 remains in force

Orders

  • Application in Lampiran 8 dismissed
  • Default judgment recorded against defendant on 4 February 2025 to stand