CIK SITI NATRAH BINTI AMAJID HERMAN BIN MURAD

CIK SITI NATRAH BINTI AMAJID HERMAN BIN MURAD

The appeal was dismissed because the application to set aside the default judgment was filed six months late without any adequate explanation, the respondent proved proper service and the magistrate lawfully recorded the default judgment, and the appellant failed to establish a meritorious defence supported by evidence.

Citation
DA-11A-2-05/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Cik Siti Natrah binti Amajid; Respondent/plaintiff: Herman bin Murad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2022
Case Number
DA-11A-2-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Refusal to Set Aside Default Judgment From Magistrate Court
Outcome
Appeal dismissed
Legal Topics
Default Judgement, Setting Aside Judgement, Service of Process, Meritorious Defence, Costs
Source Language
Malay/English
Civil Procedure Property Contract Tort (conversion) Default Judgement Setting Aside Judgement Service of Process Meritorious Defence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cik Siti Natrah binti Amajid

Appellant/defendant

Herman bin Murad

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Against Refusal to Set Aside Default Judgment From Magistrate Court

Legal Issues

  1. 1 Whether the application to set aside the default judgment was filed within the prescribed time
  2. 2 Whether service of the writ, statement of claim and default judgment on the appellant was valid
  3. 3 Whether the appellant has a meritorious defence to the claim

Ratio Decidendi

The appeal was dismissed because the application to set aside the default judgment was filed six months late without any adequate explanation, the respondent proved proper service and the magistrate lawfully recorded the default judgment, and the appellant failed to establish a meritorious defence supported by evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM5,000.00 to respondent, subject to fi alokatur