BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL SL LAND SDN BHD

BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL SL LAND SDN BHD

Application to extend time and to set aside the default judgment was dismissed because defendant filed out of time (approx five months), failed to give a reasonable explanation for the delay, service was properly effected rendering the default judgment regular, and defendant failed to disclose or support any meritorious defence with documents or a proposed defence; costs RM3,000 awarded to plaintiff.

Citation
NA-22NCvC-11-03/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: SL LAND SDN BHD; Respondent/plaintiff: BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
NA-22NCvC-11-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (strata Management Fees) / Application to Set Aside Default Judgment (application Dismissed); Appeal Filed
Outcome
Defendant's application to set aside the default judgment dismissed; appeal against that decision noted.
Legal Topics
Setting Aside Default Judgment, Service of Process on Corporation, Extension of Time to File Application, Costs
Source Language
Malay/English
Civil Procedure Strata Management Debt Recovery Company Law Setting Aside Default Judgment Service of Process on Corporation Extension of Time to File Application Costs

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Parties

SL LAND SDN BHD

Appellant/defendant

BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL

Respondent/plaintiff

Procedural Posture

Civil Suit (strata Management Fees) / Application to Set Aside Default Judgment (application Dismissed); Appeal Filed

Legal Issues

  1. 1 Whether defendant filed application to set aside default judgment out of time and whether delay was explained
  2. 2 Whether default judgment was regularly obtained (service valid)
  3. 3 Whether defendant disclosed a meritorious defence to justify setting aside the default judgment

Ratio Decidendi

Application to extend time and to set aside the default judgment was dismissed because defendant filed out of time (approx five months), failed to give a reasonable explanation for the delay, service was properly effected rendering the default judgment regular, and defendant failed to disclose or support any meritorious defence with documents or a proposed defence; costs RM3,000 awarded to plaintiff.

Court Disposition

Defendant's application to set aside the default judgment dismissed; appeal against that decision noted.

Orders

  • Notis Permohonan Defendan (Lampiran-8) dismissed
  • Defendan to pay costs of RM3,000.00 to Plaintiff subject to allocatur