YEOH ENG CHUI 1. ) SARAWANAN A/L SHANMUGAN 2. ) ELLAMATHI A/P CHELLAPAN

YEOH ENG CHUI 1. ) SARAWANAN A/L SHANMUGAN 2. ) ELLAMATHI A/P CHELLAPAN

Service of the originating process and supporting affidavit by registered post to the property address, with returned A.R. card signed by a defendant's relative, was adequate and complied with the Rules; defendants had knowledge of the proceedings and delayed unreasonably in seeking to set aside the default judgment; High Court Kuala Lumpur had jurisdiction; accordingly the application to set aside the orders dated 8.6.2018 and 26.2.2019 is dismissed and those orders are upheld.

Citation
WA-24NCVC-653-04/2018 (Mahkamah Tinggi)
Parties
Appellant (defendant in High Court): SARAVANAN A/L SHANMUGAM; Appellant (defendant in High Court): ELLAMATHI A/P CHELLAPAN; Respondent (plaintiff in High Court): YEOH ENG CHUI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2020
Case Number
WA-24NCVC-653-04/2018 (Mahkamah Tinggi)
Procedural Posture
Civil / Appeal (mahkamah Rayuan)
Outcome
Application dismissed; orders dated 8.6.2018 and 26.2.2019 upheld.
Legal Topics
Service of Originating Process, Setting Aside Default Judgment, Writ of Possession, Forum Conveniens, Transfer of Title
Source Language
Malay/English
Civil Procedure Property Law Jurisdiction and Venue Service of Originating Process Setting Aside Default Judgment Writ of Possession Forum Conveniens Transfer of Title

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Parties

SARAVANAN A/L SHANMUGAM

Appellant (defendant in High Court)

ELLAMATHI A/P CHELLAPAN

Appellant (defendant in High Court)

YEOH ENG CHUI

Respondent (plaintiff in High Court)

Procedural Posture

Civil / Appeal (mahkamah Rayuan)

Legal Issues

  1. 1 Whether service of the originating process and supporting affidavit was valid
  2. 2 Whether the High Court Kuala Lumpur had jurisdiction or whether Shah Alam was the forum conveniens
  3. 3 Whether orders dated 8.6.2018 and 26.2.2019 obtained in default should be set aside

Ratio Decidendi

Service of the originating process and supporting affidavit by registered post to the property address, with returned A.R. card signed by a defendant's relative, was adequate and complied with the Rules; defendants had knowledge of the proceedings and delayed unreasonably in seeking to set aside the default judgment; High Court Kuala Lumpur had jurisdiction; accordingly the application to set aside the orders dated 8.6.2018 and 26.2.2019 is dismissed and those orders are upheld.

Court Disposition

Application dismissed; orders dated 8.6.2018 and 26.2.2019 upheld.

Orders

  • Application to set aside orders dated 8.6.2018 and 26.2.2019 dismissed
  • Costs awarded to respondent RM2000.00 subject to taxation