YAHAYA BIN ABD RAHMAN JMB SPECTRUM SHOP/APARTMENT

YAHAYA BIN ABD RAHMAN JMB SPECTRUM SHOP/APARTMENT

The application to set aside the assessment was dismissed because the defendant failed to provide a reasonable and documented excuse for non‑attendance, did not seek leave to file the application one day late within the 14‑day period under O.35 r.2, and their conduct constituted an abuse of process; the court therefore exercised its discretion under O.35 to proceed and refuse the set‑aside, awarding costs to the plaintiff.

Citation
BA-A72NCvC-724-07/2024 (Mahkamah Majistret)
Parties
Plaintiff/respondent: Yahaya bin Abd Rahman; Defendant/applicant: JMB Spectrum Shop/Apartment
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 June 2025
Case Number
BA-A72NCvC-724-07/2024 (Mahkamah Majistret)
Procedural Posture
Civil Suit (guaman) / Interlocutory Application Decision (application to Set Aside Assessment)
Outcome
Application to set aside assessment dismissed with costs.
Legal Topics
Failure to Appear, Setting Aside Judgment, Order 35 Rules, Extension of Time, Abuse of Process, Costs
Source Language
Malay/English
Civil Procedure Judgment in Default Assessment of Damages Property Damage Failure to Appear Setting Aside Judgment Order 35 Rules Extension of Time +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yahaya bin Abd Rahman

Plaintiff/respondent

JMB Spectrum Shop/Apartment

Defendant/applicant

Procedural Posture

Civil Suit (guaman) / Interlocutory Application Decision (application to Set Aside Assessment)

Legal Issues

  1. 1 Whether the assessment hearing held in the absence of the defendant should be set aside
  2. 2 Whether the defendant provided a reasonable explanation for non‑attendance
  3. 3 Whether the one‑day delay in filing the application to set aside justified extension of time/leave

Ratio Decidendi

The application to set aside the assessment was dismissed because the defendant failed to provide a reasonable and documented excuse for non‑attendance, did not seek leave to file the application one day late within the 14‑day period under O.35 r.2, and their conduct constituted an abuse of process; the court therefore exercised its discretion under O.35 to proceed and refuse the set‑aside, awarding costs to the plaintiff.

Court Disposition

Application to set aside assessment dismissed with costs.

Orders

  • Application to set aside assessment dated 26 February 2025 dismissed.
  • Defendant to pay costs of RM1000 to Plaintiff.