1. Ahmad Ansar Bin Taib 2. Aman Logistik Sdn Bhd Muhammad Arif bin Mohd Yusof Latif

1. Ahmad Ansar Bin Taib 2. Aman Logistik Sdn Bhd Muhammad Arif bin Mohd Yusof Latif

The High Court held the default judgment and subsequent ex parte assessment of damages were obtained irregularly because the writ and statement of claim were not proved to be properly served (no AR card/series number, improper reliance on certificate of posting, and absence of endorsement of service on the writ as required by Order 10 r1(4) ROC); accordingly the default judgment is set aside as of right and the ex parte quantum judgment also set aside and the matter remitted to the Sessions Court for further directions and full trial.

Citation
AB-12A NCVC 9-07/2019 (Mahkamah Tinggi)
Parties
Appellant / First Defendant: Ahmad Ansar bin Taib; Appellant / Second Defendant: Aman Logistik Sdn Bhd; Respondent / Plaintiff: Muhammad Arif bin Mohd Yusof Latif
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2020
Case Number
AB-12A NCVC 9-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (negligence/motor Vehicle) / Hearing of Appeal Against Refusal to Set Aside Default Judgment and Ex Parte Assessment of Damages
Outcome
Appeal allowed in part; default judgment and subsequent ex parte assessment set aside
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment (ex Debito Justitiae), Assessment of Damages, Functus Officio, Evidentiary Presumptions for Postal Service
Source Language
Malay/English
Tort (negligence) Civil Procedure Motor Vehicle / Road Transport Law Default Judgment Service of Process Setting Aside Judgment (ex Debito Justitiae) Assessment of Damages Functus Officio +1 more

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Parties

Ahmad Ansar bin Taib

Appellant / First Defendant

Aman Logistik Sdn Bhd

Appellant / Second Defendant

Muhammad Arif bin Mohd Yusof Latif

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court (negligence/motor Vehicle) / Hearing of Appeal Against Refusal to Set Aside Default Judgment and Ex Parte Assessment of Damages

Legal Issues

  1. 1 Whether writ and statement of claim were properly served on defendants
  2. 2 Whether lack of endorsement on writ and absence of AR card/series number rendered default judgment irregular
  3. 3 Whether ex parte assessment of damages produced a final, unassailable judgment (functus officio)

Ratio Decidendi

The High Court held the default judgment and subsequent ex parte assessment of damages were obtained irregularly because the writ and statement of claim were not proved to be properly served (no AR card/series number, improper reliance on certificate of posting, and absence of endorsement of service on the writ as required by Order 10 r1(4) ROC); accordingly the default judgment is set aside as of right and the ex parte quantum judgment also set aside and the matter remitted to the Sessions Court for further directions and full trial.

Court Disposition

Appeal allowed in part; default judgment and subsequent ex parte assessment set aside

Orders

  • Default judgment entered 20.2.2019 set aside
  • Judgment on quantum dated 20.2.2019 set aside