AMBANK (M) BERHAD 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP SPECIALTY PRODUCTS SDN BHD (PENERIMA DAN PENGURUS DILANTIK)

AMBANK (M) BERHAD 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP SPECIALTY PRODUCTS SDN BHD (PENERIMA DAN PENGURUS DILANTIK)

The application to set aside the amended judgment in default is dismissed in limine because the 3rd Defendant filed the application outside the mandatory 30‑day period without applying for abridgment of time or offering a satisfactory explanation, service at the registered address was valid, and the 3rd Defendant failed to demonstrate a prima facie bona fide defence (no draft defence and no substantive averments); receivership/internal disputes do not negate service or relieve liability under the guarantee. Costs RM5,000 awarded to Plaintiff.

Citation
WA-22NCC-219-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK (M) BERHAD; 1st Defendant: WRP ASIA PACIFIC SDN BHD; 2nd Defendant: DATO LEE SON HONG; 3rd Defendant: WRP SPECIALTY PRODUCTS SDN BHD (RECEIVER AND MANAGER APPOINTED)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
WA-22NCC-219-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (commercial Division) / Application to Set Aside Amended Judgment in Default
Outcome
Application dismissed in limine; Amended Judgment in Default not set aside
Legal Topics
Judgment in Default, Service of Process, Set Aside Applications, Guarantee and Suretyship, Receivership
Source Language
Malay/English
Civil Procedure Commercial Law Banking and Finance Company Law Judgment in Default Service of Process Set Aside Applications Guarantee and Suretyship +1 more

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Parties

AMBANK (M) BERHAD

Plaintiff

WRP ASIA PACIFIC SDN BHD

1st Defendant

DATO LEE SON HONG

2nd Defendant

WRP SPECIALTY PRODUCTS SDN BHD (RECEIVER AND MANAGER APPOINTED)

3rd Defendant

Procedural Posture

Civil Suit (commercial Division) / Application to Set Aside Amended Judgment in Default

Legal Issues

  1. 1 Whether application to set aside amended judgment in default was time‑barred and whether abridgment of time was sought
  2. 2 Whether service of writ and statement of claim was valid on registered address
  3. 3 Whether the 3rd Defendant demonstrated a bona fide prima facie defence warranting setting aside

Ratio Decidendi

The application to set aside the amended judgment in default is dismissed in limine because the 3rd Defendant filed the application outside the mandatory 30‑day period without applying for abridgment of time or offering a satisfactory explanation, service at the registered address was valid, and the 3rd Defendant failed to demonstrate a prima facie bona fide defence (no draft defence and no substantive averments); receivership/internal disputes do not negate service or relieve liability under the guarantee. Costs RM5,000 awarded to Plaintiff.

Court Disposition

Application dismissed in limine; Amended Judgment in Default not set aside

Orders

  • Application dismissed with costs of RM5,000 to be paid by the 3rd Defendant to the Plaintiff
  • No alteration to the Amended Judgment in Default dated 28-10-2024