JEE JEE HOE (NO.K/P : 760424-07-5156) NG MEI OY (NO. K/P : 750801-07-5612)

JEE JEE HOE (NO.K/P : 760424-07-5156) NG MEI OY (NO. K/P : 750801-07-5612)

Service of the writ was regular (registered post, AR evidence 'Not Claimed', substituted service by advertisement and contract clause permitting service at last known address), the appellant provided no reasonable explanation for delay and failed to disclose a prima facie meritorious defence; therefore the application to set aside the default judgment is dismissed. The error in the interest rate is correctable by amendment and the judgment is upheld subject to amendment of interest to the rate permitted (reduction to 5%).

Citation
PA-12ANCVC-37-11/2020 (Mahkamah Tinggi)
Parties
Appellant: Jee Jee Hoe; Respondent: Ng Mei Oy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2022
Case Number
PA-12ANCVC-37-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Interlocutory Appeal Against Refusal to Set Aside Default Judgment (application to Set Aside Jid)
Outcome
Application to set aside default judgment dismissed; default judgment maintained subject to amendment of interest rate to 5%.
Legal Topics
Default Judgment, Service of Process, Set Aside Judgment, Merits of Defence, Interest on Judgment, Amendment of Judgment
Source Language
Malay/English
Civil Procedure Contract Law Debt Recovery Default Judgment Service of Process Set Aside Judgment Merits of Defence Interest on Judgment +1 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 6 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jee Jee Hoe

Appellant

Ng Mei Oy

Respondent

Procedural Posture

Civil Appeal / Interlocutory Appeal Against Refusal to Set Aside Default Judgment (application to Set Aside Jid)

Legal Issues

  1. 1 Whether the default judgment (JID) was regularly obtained or irregular/defective
  2. 2 Whether the defendant/appellant has a meritorious defence justifying setting aside a regular default judgment
  3. 3 Whether the 8% interest rate in the judgment is contrary to applicable rules/limits and should be amended or set aside ex debito

Ratio Decidendi

Service of the writ was regular (registered post, AR evidence 'Not Claimed', substituted service by advertisement and contract clause permitting service at last known address), the appellant provided no reasonable explanation for delay and failed to disclose a prima facie meritorious defence; therefore the application to set aside the default judgment is dismissed. The error in the interest rate is correctable by amendment and the judgment is upheld subject to amendment of interest to the rate permitted (reduction to 5%).

Court Disposition

Application to set aside default judgment dismissed; default judgment maintained subject to amendment of interest rate to 5%.

Orders

  • Application by appellant to set aside default judgment dismissed
  • Default judgment in sum RM242900.00 affirmed (subject to amendment of the interest rate)