KONTENA NASIONAL GLOBAL LOGISTIC SDN.BHD(Syarikat : 24298-T) YEAP YEONG KIAN (NO. K/P : 570411-07-5715)

KONTENA NASIONAL GLOBAL LOGISTIC SDN.BHD(Syarikat : 24298-T) YEAP YEONG KIAN (NO. K/P : 570411-07-5715)

The High Court held the Sessions Court's ruling was final and appealable; it affirmed the Sessions Court's finding that the default judgment dated 8.09.2017 lapsed and ceased to have effect upon the Plaintiff's complete withdrawal of the originating suit (Saman 2016); consequently the Plaintiff's appeal was dismissed and the Sessions Court decision was upheld; D2's application under Order 18 r19 to strike the appeal was dismissed.

Citation
PA-12ANCVC-37-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Kontena Nasional Global Logistic Sdn. Bhd.; Respondent/defendant: Yeap Yeong Kian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 February 2022
Case Number
PA-12ANCVC-37-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Determination of Appeal and Interlocutory Application Under Order 18 R19 KKM 2012
Outcome
Appeal dismissed; Sessions Court decision affirmed; default judgment dated 8.09.2017 held to have lapsed upon withdrawal of originating suit; D2's application to strike the appeal dismissed.
Legal Topics
Finality of Rulings, Default Judgment, Withdrawal of Suit, Interlocutory Order, Order 55 KKM 2012, Order 18 Rule 19 KKM 2012
Source Language
Malay/English
Civil Procedure Appeal Judgment and Execution Finality of Rulings Default Judgment Withdrawal of Suit Interlocutory Order Order 55 KKM 2012 +1 more

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Parties

Kontena Nasional Global Logistic Sdn. Bhd.

Plaintiff/appellant

Yeap Yeong Kian

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Determination of Appeal and Interlocutory Application Under Order 18 R19 KKM 2012

Legal Issues

  1. 1 Whether the Sessions Court ruling was interlocutory/non-final and thus not appealable
  2. 2 Whether the default judgment dated 8.09.2017 lapsed/ceased to have effect upon withdrawal of the originating suit (Saman 2016)

Ratio Decidendi

The High Court held the Sessions Court's ruling was final and appealable; it affirmed the Sessions Court's finding that the default judgment dated 8.09.2017 lapsed and ceased to have effect upon the Plaintiff's complete withdrawal of the originating suit (Saman 2016); consequently the Plaintiff's appeal was dismissed and the Sessions Court decision was upheld; D2's application under Order 18 r19 to strike the appeal was dismissed.

Court Disposition

Appeal dismissed; Sessions Court decision affirmed; default judgment dated 8.09.2017 held to have lapsed upon withdrawal of originating suit; D2's application to strike the appeal dismissed.

Orders

  • Application by D2 under Order 18 Rule 19 KKM 2012 to strike the appeal (Lampiran 11) dismissed
  • Default judgment dated 8.09.2017 declared to have lapsed and ceased to have effect upon withdrawal of Saman 2016