HONG CHING CHIEW PHAN SOW SUN

HONG CHING CHIEW PHAN SOW SUN

The application for interlocutory judgment in default of defence was dismissed because the defence deadline was overtaken by events: the Defendant was bankrupt and sanction from MdI was required and pending, which prevented valid representation and timely filing of a defence; consequently the Plaintiff could not establish that the Defendant had failed to serve a defence within the time fixed by the Court and the JIDD was inappropriate.

Citation
WA-23CY-10-02/2024 (Mahkamah Tinggi)
Parties
Plaintiff: HONG CHING CHIEW; Defendant: PHAN SOW SUN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 November 2024
Case Number
WA-23CY-10-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation / Interlocutory Applications (application for Interlocutory Judgment in Default of Defence and Interlocutory Injunction)
Outcome
Application for interlocutory judgment in default of defence (encl. 21) dismissed
Legal Topics
Default Judgment (jidd), Service of Process (including Whats App), Interlocutory Injunction, Sanction for Representation of Bankrupt (md I), Memorandum of Appearance
Source Language
Malay/English
Civil Procedure Defamation Bankruptcy/insolvency Default Judgment (jidd) Service of Process (including Whats App) Interlocutory Injunction Sanction for Representation of Bankrupt (md I) Memorandum of Appearance

Case Brief

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Parties

HONG CHING CHIEW

Plaintiff

PHAN SOW SUN

Defendant

Procedural Posture

Civil Defamation / Interlocutory Applications (application for Interlocutory Judgment in Default of Defence and Interlocutory Injunction)

Legal Issues

  1. 1 Whether interlocutory judgment in default of defence (JIDD) was properly available/applicable
  2. 2 Whether the Defendant failed to serve a defence within the time fixed by the Court
  3. 3 Validity and sufficiency of service via WhatsApp and effect on time to file defence

Ratio Decidendi

The application for interlocutory judgment in default of defence was dismissed because the defence deadline was overtaken by events: the Defendant was bankrupt and sanction from MdI was required and pending, which prevented valid representation and timely filing of a defence; consequently the Plaintiff could not establish that the Defendant had failed to serve a defence within the time fixed by the Court and the JIDD was inappropriate.

Court Disposition

Application for interlocutory judgment in default of defence (encl. 21) dismissed

Orders

  • Application for interlocutory judgment in default of defence (encl. 21) dismissed
  • No order as to costs