NIAGA SYUKUR SDN BHD PERBADANAN USAHAWAN NASIONAL BERHAD

NIAGA SYUKUR SDN BHD PERBADANAN USAHAWAN NASIONAL BERHAD

Appeal dismissed because appellant failed to provide a satisfactory explanation for the excessive delay in seeking to set aside the default judgment and failed to demonstrate a meritorious prima facie defence; service by registered post in accordance with the contract was valid, the default judgment was regular under the Rules, and the alleged licensing/illegality issue under IFSA does not render the contract unenforceable due to s.281 IFSA.

Citation
WA-12AM-14-12/2020 (Mahkamah Tinggi)
Parties
Perayu: Niaga Syukur Sdn Bhd; Responden: Perbadanan Usahawan Nasional Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 February 2021
Case Number
WA-12AM-14-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; High Court upholds Sessions Court decision and default judgment
Legal Topics
Default Judgment (ingkar), Service of Writ, Setting Aside Judgment, Ijarah Lease Agreement, Illegality and Licensing Under IFSA, Use of Security Deposit, Joint Liability of Parties
Source Language
Malay/English
Contract Civil Procedure Commercial Law Islamic Finance Default Judgment (ingkar) Service of Writ Setting Aside Judgment Ijarah Lease Agreement +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Niaga Syukur Sdn Bhd

Perayu

Perbadanan Usahawan Nasional Berhad

Responden

Procedural Posture

Civil Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether appellant had satisfactory explanation for delay in applying to set aside default judgment beyond 30 days
  2. 2 Whether service of writ and statement of claim was valid
  3. 3 Whether default judgment was irregular because it included claims for unquantified damages

Ratio Decidendi

Appeal dismissed because appellant failed to provide a satisfactory explanation for the excessive delay in seeking to set aside the default judgment and failed to demonstrate a meritorious prima facie defence; service by registered post in accordance with the contract was valid, the default judgment was regular under the Rules, and the alleged licensing/illegality issue under IFSA does not render the contract unenforceable due to s.281 IFSA.

Court Disposition

Appeal dismissed; High Court upholds Sessions Court decision and default judgment

Orders

  • Appeal dismissed
  • Default judgment dated 24.6.2016 upheld