TA SECURITIES HOLDINGS BERHAD WONG KEAT MOY

TA SECURITIES HOLDINGS BERHAD WONG KEAT MOY

Service by registered post to addresses provided in the margin/account documents complied with the contractual terms and Rule 10(3); the defendant filed the application outside the mandatory period (application filed ~36 days after receipt) without cogent explanation for the delay; the defendant failed to demonstrate a meritorious defence or triable issues; accordingly the application to set aside the default judgment is dismissed and costs awarded to the plaintiff.

Citation
AA-B52NCC-45-06/2024 (Mahkamah Sesyen)
Parties
Plaintiff (respondent): TA Securities Holdings Berhad; Defendant (appellant): Wong Keat Moy
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 May 2025
Case Number
AA-B52NCC-45-06/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Appeal (application to Set Aside Default Judgment) / Decision on Appellant's Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed; default judgment confirmed; costs awarded to plaintiff.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Delay and Mandatory Time Limits
Source Language
Malay/English
Civil Procedure Contract Commercial Debt Recovery Default Judgment Service of Process Setting Aside Judgment Delay and Mandatory Time Limits

Case Brief

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Parties

TA Securities Holdings Berhad

Plaintiff (respondent)

Wong Keat Moy

Defendant (appellant)

Procedural Posture

Civil Appeal (application to Set Aside Default Judgment) / Decision on Appellant's Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of writ and statement of claim was valid and in accordance with contract and rules
  2. 2 Whether the defendant's application to set aside default judgment was filed within the mandatory period or justified delay
  3. 3 Whether the defendant has a meritorious defence or triable issues

Ratio Decidendi

Service by registered post to addresses provided in the margin/account documents complied with the contractual terms and Rule 10(3); the defendant filed the application outside the mandatory period (application filed ~36 days after receipt) without cogent explanation for the delay; the defendant failed to demonstrate a meritorious defence or triable issues; accordingly the application to set aside the default judgment is dismissed and costs awarded to the plaintiff.

Court Disposition

Application to set aside default judgment dismissed; default judgment confirmed; costs awarded to plaintiff.

Orders

  • Application to set aside default judgment dated 19.07.2024 dismissed
  • Costs of RM2000 awarded to TA Securities Holdings Berhad (plaintiff)