JEE JEE HOE (NO.K/P : 760424-07-5156) NG MEI OY (NO. K/P : 750801-07-5612)

JEE JEE HOE (NO.K/P : 760424-07-5156) NG MEI OY (NO. K/P : 750801-07-5612)

The default judgment was regularly obtained because service complied with the contractual address and Rules of Court (registered post, unclaimed AR and substituted service); the defendant failed to give reasonable prompt explanation for delay and did not disclose a prima facie meritorious defence; the interest rate error (8%) does not vitiate the judgment and is amendable (reduceable to 5% by amendment), therefore the application to set aside the default judgment is dismissed and the judgment is maintained, with costs to respondent.

Citation
PA-12ANCVC-37-11/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Jee Jee Hoe; Respondent/plaintiff: Ng Mei Oy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2022
Case Number
PA-12ANCVC-37-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (application to Set Aside Default Judgment) / High Court Judgment on Application to Set Aside Default Judgment From Sessions Court Judgment
Outcome
Application to set aside default judgment dismissed; default judgment maintained
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Interest on Judgment, Amendment of Judgment, Merits of Defence
Source Language
Malay/English
Civil Procedure Contract Law Debt Recovery/enforcement Default Judgment Service of Process Setting Aside Judgment Interest on Judgment Amendment of Judgment +1 more

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Parties

Jee Jee Hoe

Appellant/defendant

Ng Mei Oy

Respondent/plaintiff

Procedural Posture

Civil Appeal (application to Set Aside Default Judgment) / High Court Judgment on Application to Set Aside Default Judgment From Sessions Court Judgment

Legal Issues

  1. 1 Whether the default judgment was regularly obtained or irregular
  2. 2 Whether the defendant disclosed a meritorious defence warranting setting aside the default judgment
  3. 3 Whether the 8% interest awarded conflicted with procedural rules/practice directions and should be set aside or amended

Ratio Decidendi

The default judgment was regularly obtained because service complied with the contractual address and Rules of Court (registered post, unclaimed AR and substituted service); the defendant failed to give reasonable prompt explanation for delay and did not disclose a prima facie meritorious defence; the interest rate error (8%) does not vitiate the judgment and is amendable (reduceable to 5% by amendment), therefore the application to set aside the default judgment is dismissed and the judgment is maintained, with costs to respondent.

Court Disposition

Application to set aside default judgment dismissed; default judgment maintained

Orders

  • Application by appellant/defendant dismissed
  • Costs awarded to respondent/plaintiff in the sum of RM5,000.00 subject to alimony/taxation (alolatur)