KILANG BERAS MEGAT DEWA SDN BHD AXA AFFIN GENERAL INSURANCE BERHAD

KILANG BERAS MEGAT DEWA SDN BHD AXA AFFIN GENERAL INSURANCE BERHAD

The application to set aside the court's own final judgment (Lampiran 38) was improper because the judgment was given after a full trial and the proper remedy was an appeal within the appeal period; the court is functus officio and lacks power to cancel its final judgment in these circumstances; the application was an abuse of process and therefore dismissed with costs of RM500.

Citation
KA-A72NCvC-87-04/2023 (Mahkamah Majistret)
Parties
PLAINTIF: KILANG BERAS MEGAT DEWA SDN BHD; DEFENDAN DEFENDAN: AXA AFFIN GENERAL INSURANCE BERHAD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 December 2024
Case Number
KA-A72NCvC-87-04/2023 (Mahkamah Majistret)
Procedural Posture
Civil Post Judgment Application to Set Aside Judgment / Application to Set Aside Final Judgment (lampiran 38) After Full Trial and Expiry of Appeal Period
Outcome
Lampiran 38 dismissed.
Legal Topics
Setting Aside Judgment, Costs Assessment, Abuse of Process, Functus Officio
Source Language
Malay/English
Civil Procedure Insurance Costs Setting Aside Judgment Costs Assessment Abuse of Process Functus Officio

Case Brief

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Parties

KILANG BERAS MEGAT DEWA SDN BHD

PLAINTIF

AXA AFFIN GENERAL INSURANCE BERHAD

DEFENDAN DEFENDAN

Procedural Posture

Civil Post Judgment Application to Set Aside Judgment / Application to Set Aside Final Judgment (lampiran 38) After Full Trial and Expiry of Appeal Period

Legal Issues

  1. 1 Whether the court has power to set aside its own final judgment after a full trial and after the appeal period has lapsed
  2. 2 Whether the proper remedy for dissatisfaction with a final judgment is an appeal rather than this application
  3. 3 Whether the plaintiff's application constitutes an abuse of process

Ratio Decidendi

The application to set aside the court's own final judgment (Lampiran 38) was improper because the judgment was given after a full trial and the proper remedy was an appeal within the appeal period; the court is functus officio and lacks power to cancel its final judgment in these circumstances; the application was an abuse of process and therefore dismissed with costs of RM500.

Court Disposition

Lampiran 38 dismissed.

Orders

  • Lampiran 38 dismissed with costs of RM500 to be paid by the Plaintiff to the Defendant