TETUAN CHEONG WAI MENG & VAN BUERLE NATURE TOWN SDN BHD

TETUAN CHEONG WAI MENG & VAN BUERLE NATURE TOWN SDN BHD

The High Court upheld the Magistrate's findings that service of process was regular and therefore the default judgment was regular, but the respondent had disclosed a plausible meritorious defence such that the setting aside of the default judgment was justified; accordingly the appeal was dismissed and the Magistrate's order setting aside the default judgment was affirmed with costs awarded to the respondent.

Citation
BL-11ANCvC-8-07/2021 (Mahkamah Tinggi)
Parties
Appellant (plaintiff in Lower Court): Tetuan Cheong Wai Meng & Van Buerle; Respondent (defendant in Lower Court): Nature Town Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 September 2021
Case Number
BL-11ANCvC-8-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Magistrates' Court Decision on Application to Set Aside Default Judgment
Outcome
Appeal dismissed; Magistrate's decision to set aside the default judgment dated 8.2.2021 upheld.
Legal Topics
Setting Aside Default Judgment, Service of Process, Affidavit of Merits, Interim Legal Fees, Costs Orders
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Legal Costs Setting Aside Default Judgment Service of Process Affidavit of Merits Interim Legal Fees Costs Orders

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Parties

Tetuan Cheong Wai Meng & Van Buerle

Appellant (plaintiff in Lower Court)

Nature Town Sdn Bhd

Respondent (defendant in Lower Court)

Procedural Posture

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

Legal Issues

  1. 1 Whether service of the writ and statement of claim was regular
  2. 2 Whether the default judgment entered on 3.2.2021 was irregular
  3. 3 Whether the respondent disclosed a meritorious/arguable defence sufficient to set aside a regularly obtained default judgment

Ratio Decidendi

The High Court upheld the Magistrate's findings that service of process was regular and therefore the default judgment was regular, but the respondent had disclosed a plausible meritorious defence such that the setting aside of the default judgment was justified; accordingly the appeal was dismissed and the Magistrate's order setting aside the default judgment was affirmed with costs awarded to the respondent.

Court Disposition

Appeal dismissed; Magistrate's decision to set aside the default judgment dated 8.2.2021 upheld.

Orders

  • Appeal dismissed with costs of RM2,000 payable by the appellant to the respondent
  • Magistrate's order setting aside the default judgment dated 8.2.2021 is affirmed