UNION LAND SINGAPORE PTE LTD OK KITCHEN SDN BHD

UNION LAND SINGAPORE PTE LTD OK KITCHEN SDN BHD

Service at the third party's registered office was proper under Order 62 r4 and Singapore law; the third party failed to file the application to set aside the default judgment within 30 days and did not seek an extension of time; the third party lacked a meritorious defence and did not demonstrate special circumstances to stay execution; the Sessions Court decision refusing the application was correct and the appeal is dismissed with costs subject to allocatur.

Citation
WA-12ANCvC-247-08/2022 (Mahkamah Tinggi)
Parties
Appellant/third Party: Union Land Singapore Pte Ltd; Respondent/defendant: OK Kitchen Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 January 2023
Case Number
WA-12ANCvC-247-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal to High Court From Sessions Court Decision on Application to Set Aside Default Judgment
Outcome
appeal dismissed
Legal Topics
Set Aside Default Judgment, Service on Foreign Company, Extension of Time, Stay of Execution, Subcontractor Liability
Source Language
Malay/English
Civil Procedure Contract Company Law Set Aside Default Judgment Service on Foreign Company Extension of Time Stay of Execution Subcontractor Liability

Case Brief

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Parties

Union Land Singapore Pte Ltd

Appellant/third Party

OK Kitchen Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal to High Court From Sessions Court Decision on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of writ and documents on the foreign corporation was regular and effective
  2. 2 Whether the application to set aside the default judgment was filed within the required time or with proper extension
  3. 3 Whether the third party had a meritorious defence to justify setting aside the default judgment

Ratio Decidendi

Service at the third party's registered office was proper under Order 62 r4 and Singapore law; the third party failed to file the application to set aside the default judgment within 30 days and did not seek an extension of time; the third party lacked a meritorious defence and did not demonstrate special circumstances to stay execution; the Sessions Court decision refusing the application was correct and the appeal is dismissed with costs subject to allocatur.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent to be paid by appellant subject to fi alokatur