HOCK JOO AUTO SUPPLY SDN. BHD. [Business Registration No.: 21583-K] 1. ) GUNALAN A/L CHANDRAKISAN BERNIAGA DI BAWAH NAMA DAN GAYA GK MAJU ENTERPRISE [Business Registration No.: IP0267098-M] 2. ) KRISHNA VENI A/P GANESON BERNIAGA DI BAWAH NA

HOCK JOO AUTO SUPPLY SDN. BHD. [Business Registration No.: 21583-K] 1. ) GUNALAN A/L CHANDRAKISAN BERNIAGA DI BAWAH NAMA DAN GAYA GK MAJU ENTERPRISE [Business Registration No.: IP0267098-M] 2. ) KRISHNA VENI A/P GANESON BERNIAGA DI BAWAH NA

The application to set aside the default judgment was dismissed because service by A.R. post was valid, the default judgment dated 2 January 2018 was regular, the First Defendant failed to establish a prima facie meritorious defence on the merits, and the application was made after an inordinate and unjustified delay (approx. 1 year 9 months).

Citation
AA-A72NCC-1568-12/2017 (Mahkamah Majistret)
Parties
Plaintiff: HOCK JOO AUTO SUPPLY SDN BHD; First Defendant: GUNALAN A/L CHANDRAKISAN trading as GK MAJU ENTERPRISE (IP0267098-M); Second Defendant: KRISHNA VENI A/P GANESON trading as GK MAJU ENTERPRISE (IP0267098-M)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 January 2020
Case Number
AA-A72NCC-1568-12/2017 (Mahkamah Majistret)
Procedural Posture
Civil Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Following Default Judgment and Execution Proceedings
Outcome
Application to set aside default judgment dismissed; default judgment upheld
Legal Topics
Set Aside Default Judgment, Service of Process, Abuse of Process, Prima Facie Meritorious Defence, Inordinate Delay, Execution and Sale (writ of Seizure and Sale)
Source Language
Malay/English
Civil Procedure Insolvency Law Contract Enforcement/execution Set Aside Default Judgment Service of Process Abuse of Process Prima Facie Meritorious Defence +2 more

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Parties

HOCK JOO AUTO SUPPLY SDN BHD

Plaintiff

GUNALAN A/L CHANDRAKISAN trading as GK MAJU ENTERPRISE (IP0267098-M)

First Defendant

KRISHNA VENI A/P GANESON trading as GK MAJU ENTERPRISE (IP0267098-M)

Second Defendant

Procedural Posture

Civil Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Following Default Judgment and Execution Proceedings

Legal Issues

  1. 1 Whether service of the writ was valid and regular
  2. 2 Whether the default judgment was obtained irregularly or by abuse of process
  3. 3 Whether the First Defendant has a prima facie meritorious defence

Ratio Decidendi

The application to set aside the default judgment was dismissed because service by A.R. post was valid, the default judgment dated 2 January 2018 was regular, the First Defendant failed to establish a prima facie meritorious defence on the merits, and the application was made after an inordinate and unjustified delay (approx. 1 year 9 months).

Court Disposition

Application to set aside default judgment dismissed; default judgment upheld

Orders

  • Application dismissed
  • Default judgment dated 2 January 2018 is affirmed and remains enforceable