1. ) MOHD FARIS BIN ISMAIL (berniaga di atas nama dan gaya Greenjingga Enterprise (no pendaftaran perniagaan-201203241671 (JM0635883-P) 2. ) NURASILAH BINTI SAHIDAN 3. ) AZAHARUDDIN BIN ALAODIN FUJI XEROX ASIA PACIFIC PTE LTD

1. ) MOHD FARIS BIN ISMAIL (berniaga di atas nama dan gaya Greenjingga Enterprise (no pendaftaran perniagaan-201203241671 (JM0635883-P) 2. ) NURASILAH BINTI SAHIDAN 3. ) AZAHARUDDIN BIN ALAODIN FUJI XEROX ASIA PACIFIC PTE LTD

Service by registered post to the defendants' last known addresses in accordance with the contractual clauses was proper and created a presumption of service; the defendants failed to notify changes of address and the identity of the recipient was immaterial; the First Defendant's later email admitting the debt and proposing payments constituted an admissible admission under Evidence Act s21 and defeated any prima facie defence; therefore the judgment in default was regular and there was no arguable defence on the merits, so the appeal was dismissed.

Citation
JA-12ANCC-3-03/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Mohd Faris bin Ismail (Greenjingga Enterprise); Appellant/defendant: Nurasilah binti Sahidan; Appellant/defendant: Azaharuddin bin Alaodin; Respondent/plaintiff: Fuji Xerox Asia Pacific Pte Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2021
Case Number
JA-12ANCC-3-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Dismissal of Application to Set Aside Judgment in Default / Appeal Heard in High Court (johor Bahru) Resulting in Dismissal of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Service of Originating Process, Judgment in Default, Setting Aside Judgment, Contractual Service Clauses, Admissions as Evidence, Continuing Guarantee and Indemnity
Source Language
Malay/English
Civil Procedure Contract Law Evidence Law Service of Originating Process Judgment in Default Setting Aside Judgment Contractual Service Clauses Admissions as Evidence +1 more

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Parties

Mohd Faris bin Ismail (Greenjingga Enterprise)

Appellant/defendant

Nurasilah binti Sahidan

Appellant/defendant

Azaharuddin bin Alaodin

Appellant/defendant

Fuji Xerox Asia Pacific Pte Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal Against Dismissal of Application to Set Aside Judgment in Default / Appeal Heard in High Court (johor Bahru) Resulting in Dismissal of Appeal

Legal Issues

  1. 1 Whether the judgment in default was regularly obtained
  2. 2 Whether service of the writ and statement of claim by registered post in accordance with contractual clauses constituted proper service
  3. 3 Whether Order 10 rule 1 or Order 10 rule 3 of the Rules of Court applied

Ratio Decidendi

Service by registered post to the defendants' last known addresses in accordance with the contractual clauses was proper and created a presumption of service; the defendants failed to notify changes of address and the identity of the recipient was immaterial; the First Defendant's later email admitting the debt and proposing payments constituted an admissible admission under Evidence Act s21 and defeated any prima facie defence; therefore the judgment in default was regular and there was no arguable defence on the merits, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs