Chang Jiang 7 Enterprise ANG SWEE KHEE

Chang Jiang 7 Enterprise ANG SWEE KHEE

Service by A.R. Registered Post to the partnership address was valid and the judgment in default was regular; the application to set aside was filed about eight months after the judgment without any prayer for extension of time or adequate explanation, rendering the application incompetent under O.42 r.13 and O.3 r.5; accordingly the appeal is dismissed and the Sessions Court decision is affirmed.

Citation
PA-12A-6-02/2021 (Mahkamah Tinggi)
Parties
Appellant: Chang Jiang 7 Enterprise; Respondent: Ang Swee Kee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 January 2022
Case Number
PA-12A-6-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal to High Court From Sessions Court (set Aside Interlocutory Judgment in Default)
Outcome
Appeal dismissed; decision of Sessions Court affirmed
Legal Topics
Setting Aside Judgment in Default, Service by A.r. Registered Post, Extension of Time to Apply, Interpretation of Rules of Court 2012
Source Language
Malay/English
Civil Procedure Tort Vicarious Liability Service of Process Setting Aside Judgment in Default Service by A.r. Registered Post Extension of Time to Apply Interpretation of Rules of Court 2012

Case Brief

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Parties

Chang Jiang 7 Enterprise

Appellant

Ang Swee Kee

Respondent

Procedural Posture

Civil Appeal / Appeal to High Court From Sessions Court (set Aside Interlocutory Judgment in Default)

Legal Issues

  1. 1 Whether time for filing application to set aside a judgment in default is a relevant factor
  2. 2 Whether the service of process and of the default judgment by A.R. Registered Post was valid
  3. 3 Whether the application to set aside was incompetent for being filed outside the 30-day period without seeking extension

Ratio Decidendi

Service by A.R. Registered Post to the partnership address was valid and the judgment in default was regular; the application to set aside was filed about eight months after the judgment without any prayer for extension of time or adequate explanation, rendering the application incompetent under O.42 r.13 and O.3 r.5; accordingly the appeal is dismissed and the Sessions Court decision is affirmed.

Court Disposition

Appeal dismissed; decision of Sessions Court affirmed

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed