BINASAT SDN BHD TM TECHNOLOGY SERVICES SDN BHD (Yang telah mengambil alih hak-hak, aset-aset dan liabiliti-liabiliti Telekom Malaysia Berhad melalui Perintah Mahkamah bertarikh 21 Februari 2023)

BINASAT SDN BHD TM TECHNOLOGY SERVICES SDN BHD (Yang telah mengambil alih hak-hak, aset-aset dan liabiliti-liabiliti Telekom Malaysia Berhad melalui Perintah Mahkamah bertarikh 21 Februari 2023)

Service of the writ and statement of claim on the defendant was regular and acknowledged; the defendant remained inactive, failed to file a memorandum of appearance and did not provide cogent reasons for delay or a prima facie meritorious defence; therefore the application to set aside the default judgment fails and the appeal is dismissed with costs.

Citation
BA-12ANCvC-66-11/2024 (Mahkamah Tinggi)
Parties
Appellant: Binasat Sdn. Bhd.; Respondent: TM Technology Services Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 March 2025
Case Number
BA-12ANCvC-66-11/2024 (Mahkamah Tinggi)
Procedural Posture
Interlocutory Appeal (set Aside Default Judgment) / High Court Appeal From Sessions Court Interlocutory Decision
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Service of Writ, Meritorious Defence, Delay and Cogent Reasons, Costs
Source Language
Malay/English
Civil Procedure Tort (negligence) Insurance Company Law Setting Aside Default Judgment Service of Writ Meritorious Defence Delay and Cogent Reasons +1 more

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Parties

Binasat Sdn. Bhd.

Appellant

TM Technology Services Sdn. Bhd.

Respondent

Procedural Posture

Interlocutory Appeal (set Aside Default Judgment) / High Court Appeal From Sessions Court Interlocutory Decision

Legal Issues

  1. 1 Whether the default (in default) judgment was irregular
  2. 2 If regular, whether the defendants have a prima facie meritorious defence
  3. 3 Whether there were cogent reasons for delay in applying to set aside

Ratio Decidendi

Service of the writ and statement of claim on the defendant was regular and acknowledged; the defendant remained inactive, failed to file a memorandum of appearance and did not provide cogent reasons for delay or a prima facie meritorious defence; therefore the application to set aside the default judgment fails and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Notice of Appeal by defendant (Binasat Sdn. Bhd.) dismissed with costs RM3,000.00 subject to allocator
  • Earlier Sessions Court order refusing setting aside default judgment (with costs RM3,500.00) affirmed