AGAN MARINE SDN BHD BERKAT OFFSHORE SOLUTION SDN BHD

AGAN MARINE SDN BHD BERKAT OFFSHORE SOLUTION SDN BHD

Service by A.R. registered post to the defendant's last known address constituted prima facie valid service; defendant filed the application well outside the 30‑day period without satisfactory explanation; defendant failed to disclose any arguable defence; appeal dismissed with costs and Sessions Court decision of 5.7.2024 affirmed.

Citation
NA-12ANCvC-16-07/2024 (Mahkamah Tinggi)
Parties
Appellant (perayu): Agan Marine Sdn Bhd; Respondent (responden): Berkat Offcshore Solution Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 April 2025
Case Number
NA-12ANCvC-16-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (high Court)
Outcome
Appeal dismissed with costs; Sessions Court decision dated 5 July 2024 upheld.
Legal Topics
Service of Process, Setting Aside Default Judgment, Delay and Extension of Time, Garnishee Proceedings, Prima Facie Defence
Source Language
Malay/English
Civil Procedure Contract Law Commercial Law Maritime Services Debt Recovery/enforcement Service of Process Setting Aside Default Judgment Delay and Extension of Time +2 more

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Parties

Agan Marine Sdn Bhd

Appellant (perayu)

Berkat Offcshore Solution Sdn Bhd

Respondent (responden)

Procedural Posture

Civil Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether default judgment was validly served
  2. 2 Whether defendant's application to set aside default judgment was time‑barred or excusable
  3. 3 Whether defendant demonstrated a bona fide and arguable defence

Ratio Decidendi

Service by A.R. registered post to the defendant's last known address constituted prima facie valid service; defendant filed the application well outside the 30‑day period without satisfactory explanation; defendant failed to disclose any arguable defence; appeal dismissed with costs and Sessions Court decision of 5.7.2024 affirmed.

Court Disposition

Appeal dismissed with costs; Sessions Court decision dated 5 July 2024 upheld.

Orders

  • Appeal dismissed with costs
  • Decision of the learned Sessions Court dated 5.7.2024 is affirmed