KOK WAH FOOD SDN BHD AKARUMI SDN BHD

KOK WAH FOOD SDN BHD AKARUMI SDN BHD

Service to the defendant's registered office by registered post was proper under the Rules, the defendant proffered only a bare denial and no triable issues, and the substantial delay in seeking relief amounted to an abuse of process; therefore the application to set aside the default judgment failed and the default judgment remains effective.

Citation
BA-A72NCvC-1582-12/2023 (Mahkamah Majistret)
Parties
Plaintiff/respondent: KOK WAH FOOD SDN. BHD.; Defendant/appellant: AKARUMI SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 March 2026
Case Number
BA-A72NCvC-1582-12/2023 (Mahkamah Majistret)
Procedural Posture
Civil Claim (debt Recovery) / Interlocutory Appeal / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed; default judgment dated 5 February 2024 upheld.
Legal Topics
Service of Writ, Default Judgment, Setting Aside Judgment, Abuse of Process, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Service of Writ Default Judgment Setting Aside Judgment Abuse of Process Costs

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

Parties

KOK WAH FOOD SDN. BHD.

Plaintiff/respondent

AKARUMI SDN. BHD.

Defendant/appellant

Procedural Posture

Civil Claim (debt Recovery) / Interlocutory Appeal / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service by registered post to defendant's registered office was valid
  2. 2 Whether the default judgment should be set aside
  3. 3 Whether the defendant raised triable issues beyond a bare denial

Ratio Decidendi

Service to the defendant's registered office by registered post was proper under the Rules, the defendant proffered only a bare denial and no triable issues, and the substantial delay in seeking relief amounted to an abuse of process; therefore the application to set aside the default judgment failed and the default judgment remains effective.

Court Disposition

Application to set aside default judgment dismissed; default judgment dated 5 February 2024 upheld.

Orders

  • Application in Lampiran 8 dismissed
  • Default judgment recorded on 5 February 2024 to remain in force