BAN LOONG QUARRY SDN BHD CHANG YOKE THOONG ( Pemilik Tunggal yang berniaga di atas nama dan gaya YTC Construction Works No Perniagaan 200603111963 (IP0242354-K)

BAN LOONG QUARRY SDN BHD CHANG YOKE THOONG ( Pemilik Tunggal yang berniaga di atas nama dan gaya YTC Construction Works No Perniagaan 200603111963 (IP0242354-K)

Service by registered AR post to the defendant's registered/business addresses per SSM was proper and rendered the default judgment regularly obtained; the defendant failed to establish a bona fide meritorious defence because his denials were bare and unsupported by factual particulars; accordingly the application to set aside the default judgment is dismissed and the default judgment is upheld.

Citation
AA-A72NCVC-576-11/2019 (Mahkamah Majistret)
Parties
PLAINTIF: BAN LOONG QUARRY SDN. BHD; DEFENDAN: CHANG YOKE THOONG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 September 2020
Case Number
AA-A72NCVC-576-11/2019 (Mahkamah Majistret)
Procedural Posture
Civil Debt Claim (sale of Quarry Goods) / Application to Set Aside Default Judgment (post Default Judgment)
Outcome
Application to set aside default judgment dismissed; default judgment upheld.
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Service by Registered Post, Meritorious Defence Requirement
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Service of Process Default Judgment Setting Aside Judgment Service by Registered Post Meritorious Defence Requirement

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 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

BAN LOONG QUARRY SDN. BHD

PLAINTIF

CHANG YOKE THOONG

DEFENDAN

Procedural Posture

Civil Debt Claim (sale of Quarry Goods) / Application to Set Aside Default Judgment (post Default Judgment)

Legal Issues

  1. 1 Whether the writ and statement of claim were validly served
  2. 2 Whether the default judgment was regularly obtained
  3. 3 Whether the defendant has a bona fide meritorious defence

Ratio Decidendi

Service by registered AR post to the defendant's registered/business addresses per SSM was proper and rendered the default judgment regularly obtained; the defendant failed to establish a bona fide meritorious defence because his denials were bare and unsupported by factual particulars; accordingly the application to set aside the default judgment is dismissed and the default judgment is upheld.

Court Disposition

Application to set aside default judgment dismissed; default judgment upheld.

Orders

  • Application dismissed
  • Costs of RM500 awarded to Plaintiff to be paid by Defendant