DYNAMIC ENGINEERING & PLANT SERVICES SDN BHD NO. SYARIKAT : 832210-D SASI KUMAR A/L BALAN NO.KP : 770320-05-5571

DYNAMIC ENGINEERING & PLANT SERVICES SDN BHD NO. SYARIKAT : 832210-D SASI KUMAR A/L BALAN NO.KP : 770320-05-5571

The application to set aside the default judgment was dismissed because the default judgment had been regularly obtained and served, the defendant failed to establish a prima facie meritorious defence in affidavit form (only raised issues of identity/bare denial), and the defendant had knowledge of the judgment and did not act within the required time such that relief was not justified.

Citation
NA-A52NCVC-43-06-2018 (Mahkamah Sesyen)
Parties
Plaintiff: Dynamic Engineering & Plant Services Sdn Bhd; Defendant: Sasi Kumar a/l Balan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 October 2020
Case Number
NA-A52NCVC-43-06-2018 (Mahkamah Sesyen)
Procedural Posture
Civil (debt Recovery) / Interlocutory Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment (Notis Permohonan Kandungan 13) dismissed
Legal Topics
Setting Aside Default Judgment, Service of Judgment, Delay and Extension of Time, Affidavit of Merits, Interlocutory Relief, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Bankruptcy Employment Law Setting Aside Default Judgment Service of Judgment Delay and Extension of Time +3 more

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Parties

Dynamic Engineering & Plant Services Sdn Bhd

Plaintiff

Sasi Kumar a/l Balan

Defendant

Procedural Posture

Civil (debt Recovery) / Interlocutory Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was regularly obtained
  2. 2 Whether the defendant has a meritorious defence (affidavit of merits)
  3. 3 Whether the application to set aside was filed within time or time should be enlarged

Ratio Decidendi

The application to set aside the default judgment was dismissed because the default judgment had been regularly obtained and served, the defendant failed to establish a prima facie meritorious defence in affidavit form (only raised issues of identity/bare denial), and the defendant had knowledge of the judgment and did not act within the required time such that relief was not justified.

Court Disposition

Application to set aside default judgment (Notis Permohonan Kandungan 13) dismissed

Orders

  • Notis Permohonan (Kandungan 13) dismissed
  • Defendant to pay costs of RM1000 to Plaintiff