Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

All three applications by the Fourth Defendant were dismissed because the affidavit defects amounted to misuse of process and prejudiced the plaintiff, the applications were afterthoughts filed late without reasonable explanation, the default judgment was regular and properly served under the rules, and the Fourth Defendant failed to demonstrate a meritorious defence or grounds for extension of time.

Citation
AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Parties
Plaintiff/respondent: Lembaga Kumpulan Wang Simpanan Pekerja; Defendant: Kelab Bolasepak MNY; Defendant: Mustafa bin Idris; Defendant: Ahmad Faizal bin Azzuhri; Defendant (fourth Defendant / Appellant): Mohammad Suaimi bin Mat Nee
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Sessions Court (interlocutory Applications) / Judgment on Interlocutory Applications Following Appeal by Fourth Defendant
Outcome
All applications by Fourth Defendant dismissed
Legal Topics
Setting Aside Default Judgment, Defective Affidavit, Extension of Time, Service of Writ, Costs
Source Language
Malay/English
Civil Procedure Employment/provident Fund Enforcement Setting Aside Default Judgment Defective Affidavit Extension of Time Service of Writ Costs

Case Brief

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Parties

Lembaga Kumpulan Wang Simpanan Pekerja

Plaintiff/respondent

Kelab Bolasepak MNY

Defendant

Mustafa bin Idris

Defendant

Ahmad Faizal bin Azzuhri

Defendant

Mohammad Suaimi bin Mat Nee

Defendant (fourth Defendant / Appellant)

Procedural Posture

Civil Sessions Court (interlocutory Applications) / Judgment on Interlocutory Applications Following Appeal by Fourth Defendant

Legal Issues

  1. 1 Whether a defective affidavit may be used or corrected
  2. 2 Whether the default judgment against the Fourth Defendant is irregular and should be set aside
  3. 3 Whether extension of time should be granted to file application to set aside default judgment

Ratio Decidendi

All three applications by the Fourth Defendant were dismissed because the affidavit defects amounted to misuse of process and prejudiced the plaintiff, the applications were afterthoughts filed late without reasonable explanation, the default judgment was regular and properly served under the rules, and the Fourth Defendant failed to demonstrate a meritorious defence or grounds for extension of time.

Court Disposition

All applications by Fourth Defendant dismissed

Orders

  • Application to use/correct defective affidavit (Lampiran 115) dismissed with costs RM2000
  • Application to set aside default judgment (Lampiran 30) dismissed with costs RM2000