1. GOH HAI LOONG 2. LING KEA CHEW KER ZEE WEI

1. GOH HAI LOONG 2. LING KEA CHEW KER ZEE WEI

Because the JID was regularly obtained, the defendants filed the set-aside application after an unexplained and substantial delay (approx. 17 months) and their alleged defence of fraud was unpleaded and unsupported by evidence, the court upheld the Sessions Court decision and dismissed the appeal; delay and lack of meritorious defence warranted refusal to set aside the JID.

Citation
JA-12ANCVC-31-10/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: GOH HAI LOONG; Appellant/defendant: LING KEA CHEW; Respondent/plaintiff: KER ZEE WEI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2021
Case Number
JA-12ANCVC-31-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Judgment / Appeal Against Dismissal of Application to Set Aside Judgment in Default
Outcome
Appeal dismissed
Legal Topics
Judgment in Default, Setting Aside Judgment, Delay and Laches, Allegation of Fraud, Pleadings
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Judgment in Default Setting Aside Judgment Delay and Laches Allegation of Fraud Pleadings

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 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

GOH HAI LOONG

Appellant/defendant

LING KEA CHEW

Appellant/defendant

KER ZEE WEI

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court Judgment / Appeal Against Dismissal of Application to Set Aside Judgment in Default

Legal Issues

  1. 1 Whether the judgment in default (JID) was irregular or regular
  2. 2 Whether the delay in applying to set aside the JID was satisfactorily explained
  3. 3 Whether the Defendants had a meritorious defence (fraud) on the merits

Ratio Decidendi

Because the JID was regularly obtained, the defendants filed the set-aside application after an unexplained and substantial delay (approx. 17 months) and their alleged defence of fraud was unpleaded and unsupported by evidence, the court upheld the Sessions Court decision and dismissed the appeal; delay and lack of meritorious defence warranted refusal to set aside the JID.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs (subject to allocatur fees)