ENFORCE SECURITY SERVICES (M) SDN. BHD. PERBADANAN PENGURUSAN SRI PUTRAMAS GARNISI 1. ) PUBLIC BANK BERHAD 2. ) PUBLIC ISLAMIC BANK BERHAD
Service of the writ and statement of claim was properly effected; the defendant failed to prove a meritorious defence or produce corroborative evidence (such as biometric logs or contrary immigration documentation); accordingly the application to set aside the default judgment is dismissed and the default judgment is maintained.
- Citation
- WA-A52NCvC-164-02/2024 (Mahkamah Sesyen)
- Parties
- PLAINTIF: ENFORCE SECURITY SERVICES (M) SDN BHD; DEFENDAN: PERBADANAN PENGURUSAN SRI PUTRAMAS
- Court
- Sessions Court
- Jurisdiction
- Malaysia
- Judgment Date
- 4 September 2025
- Case Number
- WA-A52NCvC-164-02/2024 (Mahkamah Sesyen)
- Procedural Posture
- Civil (debt Recovery) / Application to Set Aside Default Judgment / Decision on Application to Set Aside Default Judgment
- Outcome
- Application to set aside default judgment dismissed
- Legal Topics
- Default Judgment, Service of Writ, Meritorious Defence, Costs, Work Permits, Evidence (biometric Records)
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
ENFORCE SECURITY SERVICES (M) SDN BHD
PLAINTIF
PERBADANAN PENGURUSAN SRI PUTRAMAS
DEFENDAN
Procedural Posture
Civil (debt Recovery) / Application to Set Aside Default Judgment / Decision on Application to Set Aside Default Judgment
Legal Issues
- 1 Validity of service of writ and statement of claim
- 2 Whether the defendant has a meritorious defence to the claim for unpaid invoices
- 3 Allegations of non-attendance and delays by security guards and supervisors leading to deductions
Ratio Decidendi
Service of the writ and statement of claim was properly effected; the defendant failed to prove a meritorious defence or produce corroborative evidence (such as biometric logs or contrary immigration documentation); accordingly the application to set aside the default judgment is dismissed and the default judgment is maintained.
Court Disposition
Application to set aside default judgment dismissed
Orders
- Application to set aside default judgment dismissed
- Costs awarded to plaintiff in the sum of RM3,000.00
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