AMBANK (M) BERHAD 1. ) TUA POOK GEE 2. ) TUA POOK SIK 3. ) SAWADI PG TRADING SDN BHD

AMBANK (M) BERHAD 1. ) TUA POOK GEE 2. ) TUA POOK SIK 3. ) SAWADI PG TRADING SDN BHD

Application dismissed because court found service of writ, statement and judgment to the address specified in the Guarantee and defendant's identification was proper so the default judgment was regularly obtained; the applicant filed the application about 4 years after service of the judgment, failed to seek extension or give a satisfactory explanation for delay contrary to procedural rule requiring promptness, and failed to file an affidavit demonstrating a meritorious defence; accordingly the court exercised its discretion to refuse extension and to dismiss the application with costs.

Citation
KB-B52NCC-7-09/2020 (Mahkamah Sesyen)
Parties
Plaintiff: AMBANK (M) BERHAD; Defendant 1: SAWADI PG TRADING SDN BHD; Defendant 2 (applicant): TUA POOK GEE; Defendant 3: TUA POOK SIK
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 May 2025
Case Number
KB-B52NCC-7-09/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Debt/contract Claim Involving Guarantee; Application to Set Aside Default Judgment / Application to Set Aside Default Judgment — Decision at Trial Court Level
Outcome
Application by Defendant 2 to set aside default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Guarantee Agreements, Interest Charges, Delay and Extension of Time
Source Language
Malay/English
Civil Procedure Banking and Finance Contract Law Setting Aside Default Judgment Service of Process Guarantee Agreements Interest Charges Delay and Extension of Time

Case Brief

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Parties

AMBANK (M) BERHAD

Plaintiff

SAWADI PG TRADING SDN BHD

Defendant 1

TUA POOK GEE

Defendant 2 (applicant)

TUA POOK SIK

Defendant 3

Procedural Posture

Civil Debt/contract Claim Involving Guarantee; Application to Set Aside Default Judgment / Application to Set Aside Default Judgment — Decision at Trial Court Level

Legal Issues

  1. 1 Whether the application was filed out of time
  2. 2 Whether the default judgment was regularly obtained
  3. 3 Whether the applicant has a meritorious defence

Ratio Decidendi

Application dismissed because court found service of writ, statement and judgment to the address specified in the Guarantee and defendant's identification was proper so the default judgment was regularly obtained; the applicant filed the application about 4 years after service of the judgment, failed to seek extension or give a satisfactory explanation for delay contrary to procedural rule requiring promptness, and failed to file an affidavit demonstrating a meritorious defence; accordingly the court exercised its discretion to refuse extension and to dismiss the application with costs.

Court Disposition

Application by Defendant 2 to set aside default judgment dismissed

Orders

  • Application by Defendant 2 dismissed
  • Costs of MYR 1500.00 awarded to Plaintiff