AMBANK (M) BERHAD 1. ) K2 DRILLING SDN BHD 2. ) NG TEIK KENT 3. ) BEH CHUN WEI

AMBANK (M) BERHAD 1. ) K2 DRILLING SDN BHD 2. ) NG TEIK KENT 3. ) BEH CHUN WEI

The application to set aside the default judgment was dismissed because it was filed out of time, service by registered post complied with the contractual notice clause and Rules of Court (thus the judgment was regular), and the defendants failed to disclose any meritorious defence; accordingly the default judgment dated 25.7.2022 is upheld and the application is refused with costs RM2,000.

Citation
WA-B52NCC-355-06/2022 (Mahkamah Sesyen)
Parties
Plaintiff: AMBANK (M) BERHAD; Defendant 1: K2 DRILLING SDN BHD; Defendant 2: NG TEIK KENT; Defendant 3: BEH CHUN WEI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 February 2024
Case Number
WA-B52NCC-355-06/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Banking/contract (loan and Guarantee) / Decision on Interlocutory Application to Set Aside Default Judgment (sessions Court Judgment on Application)
Outcome
Application to set aside default judgment dismissed; default judgment dated 25.7.2022 upheld
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Meritorious Defence, Contractual Notice Clause, Personal Guarantor Liability
Source Language
Malay/English
Contract Banking Law Civil Procedure Debt Recovery Guarantee and Indemnity Service of Process Default Judgment Setting Aside Judgment +3 more

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Parties

AMBANK (M) BERHAD

Plaintiff

K2 DRILLING SDN BHD

Defendant 1

NG TEIK KENT

Defendant 2

BEH CHUN WEI

Defendant 3

Procedural Posture

Civil Banking/contract (loan and Guarantee) / Decision on Interlocutory Application to Set Aside Default Judgment (sessions Court Judgment on Application)

Legal Issues

  1. 1 Whether the application to set aside the default judgment was filed within the statutory period or time should be extended
  2. 2 Whether service of the writ and statement of claim was valid pursuant to the contractual notice clause and Rules of Court
  3. 3 Whether the defendants disclosed a meritorious defence to justify setting aside the default judgment

Ratio Decidendi

The application to set aside the default judgment was dismissed because it was filed out of time, service by registered post complied with the contractual notice clause and Rules of Court (thus the judgment was regular), and the defendants failed to disclose any meritorious defence; accordingly the default judgment dated 25.7.2022 is upheld and the application is refused with costs RM2,000.

Court Disposition

Application to set aside default judgment dismissed; default judgment dated 25.7.2022 upheld

Orders

  • Application in Lampiran 7 dismissed with costs of RM2000 awarded to the Plaintiff