NG PEI CHUEN (770301025828) DING CHEK LANG (531118085533)

NG PEI CHUEN (770301025828) DING CHEK LANG (531118085533)

Service by A.R. registered post to the last known address in the lease was valid; the default judgment dated 23 January 2020 was regularly obtained; Defendant failed to demonstrate a prima facie meritorious defence with factual particulars; accordingly the application to set aside the default judgment is dismissed.

Citation
AA-A72-57-12/2019 (Mahkamah Majistret)
Parties
Plaintiff: Ding Chek Lang; Defendant: Ng Pei Chuen
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 July 2020
Case Number
AA-A72-57-12/2019 (Mahkamah Majistret)
Procedural Posture
Civil (magistrates' Court) / Application to Set Aside Judgment in Default; Application Dismissed on Appeal
Outcome
Application to set aside default judgment dismissed
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Lease Arrears, Counterclaim
Source Language
Malay/English
Civil Procedure Contract Landlord and Tenant Evidence Service of Process Default Judgment Setting Aside Judgment Lease Arrears +1 more

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Parties

Ding Chek Lang

Plaintiff

Ng Pei Chuen

Defendant

Procedural Posture

Civil (magistrates' Court) / Application to Set Aside Judgment in Default; Application Dismissed on Appeal

Legal Issues

  1. 1 Whether service of writ was valid and judgment regular
  2. 2 Whether default judgment was irregular and should be set aside ex debitio justitiae
  3. 3 Whether Defendant established a prima facie meritorious defence

Ratio Decidendi

Service by A.R. registered post to the last known address in the lease was valid; the default judgment dated 23 January 2020 was regularly obtained; Defendant failed to demonstrate a prima facie meritorious defence with factual particulars; accordingly the application to set aside the default judgment is dismissed.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Default judgment dated 23 January 2020 is affirmed
  • Application dismissed with costs of RM500.00 to be paid by Defendant to Plaintiff