MANIVANNAN A/L PANNIRSELVAM CONFAST HARDWARE & FASTENERS SDN. BHD.

MANIVANNAN A/L PANNIRSELVAM CONFAST HARDWARE & FASTENERS SDN. BHD.

The court allowed the application to set aside the consent judgment because the judgment was recorded without the applicant's knowledge, authority or valid service of process, thereby breaching natural justice and making the order susceptible to being set aside under the recognised exceptions to functus officio and the court's inherent jurisdiction; the applicant gave satisfactory reasons for the delay (PKP) and the respondent would not be prejudiced as the matter can be tried on its merits.

Citation
PB-A54-9-10/2021 (Mahkamah Sesyen)
Parties
Pemohon: Manivannan A/L Pannirselvam; Responden: Confast Hardware & Fasteners Sdn. Bhd.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
PB-A54-9-10/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Application to Set Aside Consent Judgment (mahkamah Sesyen) / Hearing on Originating Summons (saman Pemula)
Outcome
Saman Pemula dibenarkan (application to set aside consent judgment allowed)
Legal Topics
Consent Judgment, Functus Officio and Its Exceptions, Service of Process, Natural Justice (audi Alteram Partem), Inherent Jurisdiction to Set Aside Null Orders, Overriding Objective and Procedural Irregularity, Delay and Excuse
Source Language
Malay/English
Civil Procedure Contract Administrative Law Equity and Remedies Consent Judgment Functus Officio and Its Exceptions Service of Process Natural Justice (audi Alteram Partem) +3 more

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Parties

Manivannan A/L Pannirselvam

Pemohon

Confast Hardware & Fasteners Sdn. Bhd.

Responden

Procedural Posture

Civil Application to Set Aside Consent Judgment (mahkamah Sesyen) / Hearing on Originating Summons (saman Pemula)

Legal Issues

  1. 1 Whether the consent judgment recorded on 26.2.2020 can be set aside
  2. 2 Whether the principle of functus officio prevents the court from setting aside the consent judgment
  3. 3 Whether the consent judgment was recorded without the applicant's knowledge, authority or a valid service of process

Ratio Decidendi

The court allowed the application to set aside the consent judgment because the judgment was recorded without the applicant's knowledge, authority or valid service of process, thereby breaching natural justice and making the order susceptible to being set aside under the recognised exceptions to functus officio and the court's inherent jurisdiction; the applicant gave satisfactory reasons for the delay (PKP) and the respondent would not be prejudiced as the matter can be tried on its merits.

Court Disposition

Saman Pemula dibenarkan (application to set aside consent judgment allowed)

Orders

  • Consent judgment recorded on 26.2.2020 is set aside.
  • The consent order is declared void insofar as it was recorded without the applicant's knowledge, authority or valid service.