K SHIN DEVELOPMENT SDN BHD 1. ) METRO ELDERCARE SDN BHD 2. ) NICHOLAS FERNANDEZ PENCELAH MARIAPPAN A/L NARAYANAN

K SHIN DEVELOPMENT SDN BHD 1. ) METRO ELDERCARE SDN BHD 2. ) NICHOLAS FERNANDEZ PENCELAH MARIAPPAN A/L NARAYANAN

The court found the consent judgment was validly recorded with the knowledge and agreement of Defendant First's solicitor, adequate notice and opportunity to approve drafts was given, no evidence of lack of authority, fraud, serious defect or breach of natural justice was established; accordingly the application to set aside the consent judgment is dismissed with costs.

Citation
WA-A52-184-12/2023 (Mahkamah Sesyen)
Parties
Plaintiff: K SHIN DEVELOPMENT SDN BHD; Defendant (first): METRO ELDERCARE SDN BHD; Defendant (second): NICHOLAS FERNANDEZ
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 November 2025
Case Number
WA-A52-184-12/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (guaman) / Application to Set Aside Consent Judgment (post Consent Judgment) Decision
Outcome
Application dismissed
Legal Topics
Consent Judgment, Setting Aside Judgment, Natural Justice, Authority of Solicitor, Functus Officio
Source Language
Malay/English
Civil Procedure Company Law Contract Law Consent Judgment Setting Aside Judgment Natural Justice Authority of Solicitor Functus Officio

Case Brief

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Parties

K SHIN DEVELOPMENT SDN BHD

Plaintiff

METRO ELDERCARE SDN BHD

Defendant (first)

NICHOLAS FERNANDEZ

Defendant (second)

Procedural Posture

Civil Claim (guaman) / Application to Set Aside Consent Judgment (post Consent Judgment) Decision

Legal Issues

  1. 1 Whether the consent judgment dated 07.07.2025 can be set aside
  2. 2 Whether the solicitor who purportedly agreed to the consent had authority to bind the defendant
  3. 3 Whether principles of natural justice were breached

Ratio Decidendi

The court found the consent judgment was validly recorded with the knowledge and agreement of Defendant First's solicitor, adequate notice and opportunity to approve drafts was given, no evidence of lack of authority, fraud, serious defect or breach of natural justice was established; accordingly the application to set aside the consent judgment is dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Application to set aside the consent judgment dismissed.
  • Costs to the plaintiff.