DC Town Square Sdn Bhd DC F&B Management Sdn Bhd

DC Town Square Sdn Bhd DC F&B Management Sdn Bhd

Service of the writ and statement of claim was properly effected by personal delivery and evidenced by affidavits; the default judgment was obtained in accordance with the Rules of Court 2012 and therefore regular; defendant did not deny the indebtedness nor establish a prima facie meritorious defence; commercial negotiations and representations did not excuse failure to enter appearance; accordingly the application to set aside the default judgment is dismissed.

Citation
WA-B52NCvC-145-03/2025 (Mahkamah Sesyen)
Parties
Plaintiff: DC TOWN SQUARE SON BHD; Defendant: DC F&B MANAGEMENT SON BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 August 2025
Case Number
WA-B52NCvC-145-03/2025 (Mahkamah Sesyen)
Procedural Posture
Civil (lease Dispute) / Interlocutory Application to Set Aside Default Judgment (decision)
Outcome
Defendant's application to set aside default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Breach of Lease, Arrears and Interest, Costs
Source Language
Malay/English
Civil Procedure Contract Law Landlord and Tenant Setting Aside Default Judgment Service of Process Breach of Lease Arrears and Interest Costs

Case Brief

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Parties

DC TOWN SQUARE SON BHD

Plaintiff

DC F&B MANAGEMENT SON BHD

Defendant

Procedural Posture

Civil (lease Dispute) / Interlocutory Application to Set Aside Default Judgment (decision)

Legal Issues

  1. 1 Whether the default judgment was irregular
  2. 2 Whether service of the writ and originating process was properly effected
  3. 3 Whether the defendant has a meritorious defence or arguable case

Ratio Decidendi

Service of the writ and statement of claim was properly effected by personal delivery and evidenced by affidavits; the default judgment was obtained in accordance with the Rules of Court 2012 and therefore regular; defendant did not deny the indebtedness nor establish a prima facie meritorious defence; commercial negotiations and representations did not excuse failure to enter appearance; accordingly the application to set aside the default judgment is dismissed.

Court Disposition

Defendant's application to set aside default judgment dismissed

Orders

  • Defendant's application in claim 9 dismissed
  • Costs awarded to Plaintiff RM2,000.00