TUN HAMDZAH BIN ISMAIL Kerajaan Malaysia

TUN HAMDZAH BIN ISMAIL Kerajaan Malaysia

The appeal is dismissed because the default judgment was regular and valid (service was properly effected at the appellant's last known address and procedural rules were complied with), the appellant's delay of nearly three years in applying to set aside the judgment was inordinate and unexplained, and the appellant has no meritorious defence; therefore the Sessions Court's refusal to set aside the default judgment was proper and will not be disturbed on appeal.

Citation
NA-12ANCvC-3-02/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Tun Hamdzah bin Ismail; Respondent / Plaintiff: Kerajaan Malaysia / Lembaga Hasil Dalam Negeri Malaysia (Cawangan Seremban)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2023
Case Number
NA-12ANCvC-3-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (setting Aside Default Judgment) / High Court Appellate Review of Sessions Court Decision
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment in Default, Service of Process, Limitation / Delay, Merits of Defence, Costs
Source Language
Malay/English
Tax Law Civil Procedure Insolvency / Bankruptcy Law Default Judgment Setting Aside Judgment in Default Service of Process Limitation / Delay Merits of Defence +1 more

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Parties

Tun Hamdzah bin Ismail

Appellant / Defendant

Kerajaan Malaysia / Lembaga Hasil Dalam Negeri Malaysia (Cawangan Seremban)

Respondent / Plaintiff

Procedural Posture

Civil Appeal (setting Aside Default Judgment) / High Court Appellate Review of Sessions Court Decision

Legal Issues

  1. 1 Whether the default judgment dated 12/7/2019 was regular and valid
  2. 2 Whether service of the writ and statement of claim was proper at the last known address
  3. 3 Whether the appellant's delay (~3 years) in applying to set aside the default judgment was inordinate and unexplained

Ratio Decidendi

The appeal is dismissed because the default judgment was regular and valid (service was properly effected at the appellant's last known address and procedural rules were complied with), the appellant's delay of nearly three years in applying to set aside the judgment was inordinate and unexplained, and the appellant has no meritorious defence; therefore the Sessions Court's refusal to set aside the default judgment was proper and will not be disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of the appeal fixed at RM3,000.00 to be paid by the appellant to the respondent, subject to taxation