CHIN SOON PHIN GOH CHIA HUI

CHIN SOON PHIN GOH CHIA HUI

Where a consent judgment is perfected, an application to set it aside based on vitiating circumstances, fraud, collision or illegality must be pursued by way of a fresh action and trial; such allegations are not appropriately resolved by notice application on affidavit. The Sessions Court erred in allowing the notice to set aside; appeal allowed and decision set aside with costs.

Citation
PA-12ANCC-3-04/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Chin Soon Phin; Respondent/defendant: Goh Chia Hui
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 March 2024
Case Number
PA-12ANCC-3-04/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed; decision of the Sessions Court dated 4.4.2023 set aside
Legal Topics
Consent Judgment, Setting Aside Judgment, Vitiating Circumstances, Illegality, Fresh Action Requirement, Affidavit Evidence Vs Trial
Source Language
Malay/English
Contract Civil Procedure Equity Moneylenders Law Consent Judgment Setting Aside Judgment Vitiating Circumstances Illegality +2 more

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Parties

Chin Soon Phin

Appellant/plaintiff

Goh Chia Hui

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a perfected consent judgment can be set aside by a notice application in the same proceedings or requires a fresh action
  2. 2 Whether allegations of lack of free consent, fraud, collision or illegality can be determined on affidavit or require a trial in a fresh suit
  3. 3 Whether the underlying loan agreement was illegal under the Moneylenders Act 1951 and void under Section 24 Contracts Act 1950

Ratio Decidendi

Where a consent judgment is perfected, an application to set it aside based on vitiating circumstances, fraud, collision or illegality must be pursued by way of a fresh action and trial; such allegations are not appropriately resolved by notice application on affidavit. The Sessions Court erred in allowing the notice to set aside; appeal allowed and decision set aside with costs.

Court Disposition

Appeal allowed; decision of the Sessions Court dated 4.4.2023 set aside

Orders

  • Allow appeal and set aside the decision of the Sessions Court Butterworth dated 4 April 2023
  • Defendant to pay costs of RM3,000.00 to Plaintiff