Goh Boon Leong Green Ray Technology Sdn Bhd

Goh Boon Leong Green Ray Technology Sdn Bhd

Court held service was effective under the Rules but, on examining the defendant's supporting affidavits, found the defendant demonstrated a prima facie meritorious defence and special circumstances; accordingly the default judgment was set aside, the defendant permitted to file its statement of defence, and suspension of execution granted with costs according to cause.

Citation
PB-A52NCvC-29-06/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Goh Boon Leong; Defendant: Green Ray Technology Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 September 2022
Case Number
PB-A52NCvC-29-06/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Debt Recovery / Default Judgment Setting Aside / Application to Set Aside Default Judgment and for Stay of Execution
Outcome
Applications in paragraphs 13 and 15 allowed; default judgment set aside; defendant permitted to file statement of defence; suspension of execution granted; costs to be paid according to cause.
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process by Posting and Email, Prima Facie Defence, Stay/suspension of Execution, Evidence of Contract
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Company Law Default Judgment Setting Aside Judgment Service of Process by Posting and Email Prima Facie Defence +2 more

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Parties

Goh Boon Leong

Plaintiff

Green Ray Technology Sdn Bhd

Defendant

Procedural Posture

Civil Debt Recovery / Default Judgment Setting Aside / Application to Set Aside Default Judgment and for Stay of Execution

Legal Issues

  1. 1 Whether service of the writ and statement of claim was effective under the Rules
  2. 2 Whether the defendant has a prima facie meritorious defence
  3. 3 Whether special circumstances exist to justify suspension of execution

Ratio Decidendi

Court held service was effective under the Rules but, on examining the defendant's supporting affidavits, found the defendant demonstrated a prima facie meritorious defence and special circumstances; accordingly the default judgment was set aside, the defendant permitted to file its statement of defence, and suspension of execution granted with costs according to cause.

Court Disposition

Applications in paragraphs 13 and 15 allowed; default judgment set aside; defendant permitted to file statement of defence; suspension of execution granted; costs to be paid according to cause.

Orders

  • Default judgment set aside
  • Defendant allowed to file statement of defence