CITYVILLA CONSTRUCTION SDN BHD [COMPANY NO. 902537-T] BALA SUBRAMANIAN A/L RASU [NRIC NO. 550505-08-6695] C/O KENCANA CORPORATION ADVISORY SDN BHD [COMPANY NO. 201501021328 (1146656-W)] [SEBAGAI PELIKUIDASI SYARIKAT DINDING DEVELOPMENT SDN

CITYVILLA CONSTRUCTION SDN BHD [COMPANY NO. 902537-T] BALA SUBRAMANIAN A/L RASU [NRIC NO. 550505-08-6695] C/O KENCANA CORPORATION ADVISORY SDN BHD [COMPANY NO. 201501021328 (1146656-W)] [SEBAGAI PELIKUIDASI SYARIKAT DINDING DEVELOPMENT SDN

The application to set aside the Judgment in Default is allowed because there was no documentary evidence that the Writ and Statement of Claim were served on the First Defendant, rendering the JID irregular and therefore liable to be set aside ex debito justitiae; alternatively, the First Defendant raised prima...

Source-derived case information.

Citation
JA- 22NCVC-8-01/2018 (Mahkamah Tinggi)
Parties
Plaintiff: CITYVILLA CONSTRUCTION SDN BHD; First Defendant: DINDING DEVELOPMENT SDN BHD; Second Defendant: DATO' KOH KING LING; Third Defendant: LING ING HOOK; Fourth Defendant: TI SWEE YENG; Fifth Defendant: TETUAN ZAHIR KHAILANI; Applicant (private Liquidator): BALA SUBRAMANIAN A/L RASU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 November 2020
Case Number
JA- 22NCVC-8-01/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Application to Set Aside Judgment in Default
Outcome
Application allowed; Judgment in Default set aside
Legal Topics
Judgment in Default, Service of Process, Setting Aside Judgment, Power of Attorney, Novation, Liquidator Duties, Delay
Civil Procedure Insolvency/liquidation Contract Property Judgment in Default Service of Process Setting Aside Judgment Power of Attorney +3 more

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Parties

CITYVILLA CONSTRUCTION SDN BHD

Plaintiff

DINDING DEVELOPMENT SDN BHD

First Defendant

DATO' KOH KING LING

Second Defendant

LING ING HOOK

Third Defendant

TI SWEE YENG

Fourth Defendant

TETUAN ZAHIR KHAILANI

Fifth Defendant

BALA SUBRAMANIAN A/L RASU

Applicant (private Liquidator)

Procedural Posture

Civil Suit / Application to Set Aside Judgment in Default

Legal Issues

  1. 1 Whether the Judgment in Default (JID) was regularly obtained (service of writ on First Defendant)
  2. 2 Whether the First Defendant has a defence on the merits sufficient to require a trial
  3. 3 Whether delay in bringing the application is excusable

Ratio Decidendi

The application to set aside the Judgment in Default is allowed because there was no documentary evidence that the Writ and Statement of Claim were served on the First Defendant, rendering the JID irregular and therefore liable to be set aside ex debito justitiae; alternatively, the First Defendant raised prima facie defences (disputed Power of Attorney, purchasers' proprietary and unjust enrichment issues) warranting a trial; the delay in bringing the application was satisfactorily explained and did not bar relief.

Court Disposition

Application allowed; Judgment in Default set aside

Orders

  • Judgment in Default obtained on 31.07.2018 set aside
  • Costs in the cause