FARIDAH BINTI MD. LAZIM (NO. K/P :xxxxxx-xx-xxxx) (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM (No. K/P :xxxxxx-xx-xxxx) EDHAM BIN ABD GHANI (NO. K/P : XXXXXX-XX-XXXX) (as the lawful Administrator to the estate of ABDUL

FARIDAH BINTI MD. LAZIM (NO. K/P :xxxxxx-xx-xxxx) (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM (No. K/P :xxxxxx-xx-xxxx) EDHAM BIN ABD GHANI (NO. K/P : XXXXXX-XX-XXXX) (as the lawful Administrator to the estate of ABDUL

Service by A.R. registered post was not proven to comply with Order 10 r.1 endorsement requirements and the defendant only received the papers after the judgment‑in‑default was entered; therefore the defendant was denied the right to be heard and the judgment‑in‑default of appearance (Enclosure 6) was set aside (Enclosure 7 allowed).

Citation
JB-24NCVC-410-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff (lawful Holder of the Power of Attorney to Ahmad Bin Adam): FARIDAH BINTI MD. LAZIM; Defendant (lawful Administrator to the Estate of Abdul Ghani Bin Mohamed Don (deceased)): EDHAM BIN ABD GHANI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2020
Case Number
JB-24NCVC-410-11/2019 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (land Subdivision Under National Land Code 1965) / Application to Set Aside Judgment‑in‑default of Appearance (enclosure 7) — Decision at High Court
Outcome
Application to set aside judgment‑in‑default (Enclosure 7) allowed.
Legal Topics
Land Subdivision, Service of Originating Summons, Judgment‑in‑default, Audi Alteram Partem, Administration of Estate
Source Language
Malay/English
Land Law Civil Procedure Succession/estates Land Subdivision Service of Originating Summons Judgment‑in‑default Audi Alteram Partem Administration of Estate

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Parties

FARIDAH BINTI MD. LAZIM

Plaintiff (lawful Holder of the Power of Attorney to Ahmad Bin Adam)

EDHAM BIN ABD GHANI

Defendant (lawful Administrator to the Estate of Abdul Ghani Bin Mohamed Don (deceased))

Procedural Posture

Originating Summons (land Subdivision Under National Land Code 1965) / Application to Set Aside Judgment‑in‑default of Appearance (enclosure 7) — Decision at High Court

Legal Issues

  1. 1 Whether service of the Originating Summons complied with Rules of Court 2012 (Order 10 r.1 and r.5)
  2. 2 Whether the defendant was accorded the right to be heard (audi alteram partem) prior to entry of judgment‑in‑default

Ratio Decidendi

Service by A.R. registered post was not proven to comply with Order 10 r.1 endorsement requirements and the defendant only received the papers after the judgment‑in‑default was entered; therefore the defendant was denied the right to be heard and the judgment‑in‑default of appearance (Enclosure 6) was set aside (Enclosure 7 allowed).

Court Disposition

Application to set aside judgment‑in‑default (Enclosure 7) allowed.

Orders

  • Enclosure 7 allowed
  • Judgment‑in‑default of appearance set aside