CHIEW WEI MENG (NO. K/P: 630729-10-6237) TAN POH CHOON (NO. K/P: 540722-10-6083 / 4658969)

CHIEW WEI MENG (NO. K/P: 630729-10-6237) TAN POH CHOON (NO. K/P: 540722-10-6083 / 4658969)

Default judgment was regularly entered; defendant failed to demonstrate any prima facie meritorious defence (claims were afterthoughts and contradicted prior related litigation) and lacked timely and clear insolvency sanction; therefore the application to set aside the default judgment was dismissed and costs awarded to plaintiff.

Citation
WA-22NCvC-601-08/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Chiew Wei Meng; Defendant: Tan Poh Choon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 August 2020
Case Number
WA-22NCvC-601-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Possession Claim Following Auction Sale / Application to Set Aside Default Judgment (kandungan 19) Following Judgment Dated 17.1.2020
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Vacant Possession, Auction Sale, Bankruptcy Representation Sanction, Fraud/misrepresentation
Source Language
Malay/English
Civil Procedure Property Law Insolvency Law Default Judgment Setting Aside Judgment Vacant Possession Auction Sale Bankruptcy Representation Sanction +1 more

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Parties

Chiew Wei Meng

Plaintiff

Tan Poh Choon

Defendant

Procedural Posture

Civil Possession Claim Following Auction Sale / Application to Set Aside Default Judgment (kandungan 19) Following Judgment Dated 17.1.2020

Legal Issues

  1. 1 Whether the defendant has a prima facie meritorious defence to justify setting aside a regularly entered default judgment
  2. 2 Whether filings by defendant were invalid or ineffective for lack of clear sanction from the Insolvency Department for counsel to act for a bankrupt
  3. 3 Whether the defendant deliberately delayed and acted dishonestly to frustrate plaintiff’s recovery of vacant possession

Ratio Decidendi

Default judgment was regularly entered; defendant failed to demonstrate any prima facie meritorious defence (claims were afterthoughts and contradicted prior related litigation) and lacked timely and clear insolvency sanction; therefore the application to set aside the default judgment was dismissed and costs awarded to plaintiff.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Kandungan 19 dismissed with costs of RM5,000 to the plaintiff, subject to taxation