KOK WAH FOOD SDN BHD TEPPANYAKI CONCEPT F&B MANAGEMENT SDN. BHD.

KOK WAH FOOD SDN BHD TEPPANYAKI CONCEPT F&B MANAGEMENT SDN. BHD.

Service by registered post to the defendant's registered office complied with the Rules and was valid; the defendant failed to raise any triable issues beyond bare denials and unduly delayed (approximately 573 days) in applying to set aside, constituting abuse of process; therefore the application to set aside the default judgment is dismissed and the default judgment remains.

Citation
BA-A72NCvC-230-02/2024 (Mahkamah Majistret)
Parties
Plaintiff/respondent: Kok Wah Food Sdn. Bhd.; Defendant/applicant: Teppanyaki Concept F&B Management Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 March 2026
Case Number
BA-A72NCvC-230-02/2024 (Mahkamah Majistret)
Procedural Posture
Civil Application to Set Aside Default Judgment / Interlocutory Application Decision at Magistrate Court
Outcome
Application to set aside default judgment dismissed; default judgment upheld.
Legal Topics
Service of Process, Default Judgment, Set Aside Judgment, Abuse of Process, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Service of Process Default Judgment Set Aside Judgment Abuse of Process Costs

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Parties

Kok Wah Food Sdn. Bhd.

Plaintiff/respondent

Teppanyaki Concept F&B Management Sdn. Bhd.

Defendant/applicant

Procedural Posture

Civil Application to Set Aside Default Judgment / Interlocutory Application Decision at Magistrate Court

Legal Issues

  1. 1 Whether the default judgment entered on 17 April 2024 should be set aside
  2. 2 Whether service by registered post to the defendant's registered office was valid
  3. 3 Whether the defendant raised any triable issues to justify setting aside the judgment

Ratio Decidendi

Service by registered post to the defendant's registered office complied with the Rules and was valid; the defendant failed to raise any triable issues beyond bare denials and unduly delayed (approximately 573 days) in applying to set aside, constituting abuse of process; therefore the application to set aside the default judgment is dismissed and the default judgment remains.

Court Disposition

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

Orders

  • Application in Lampiran 7 to set aside the default judgment is dismissed
  • Default judgment entered on 17 April 2024 (recorded 18 April 2024) is to remain in force