Perbadanan Kemajuan Bukit Fraser HIGHLANDS RESTHOUSE HOLDINGS SDN. BHD.

Perbadanan Kemajuan Bukit Fraser HIGHLANDS RESTHOUSE HOLDINGS SDN. BHD.

Defendant had notice of the hearing, failed to attend without adequate explanation despite prior opportunities and interlocutory proceedings; in exercise of the court's discretion under Order 35 Rules of Court 2012 the court entered judgment in favour of the plaintiff as pleaded and awarded costs, while noting...

Source-derived case information.

Citation
CB-21NCvC-1-03/2020 (Mahkamah Tinggi)
Parties
PLAINTIF: Perbadanan Kemajuan Bukit Fraser; DEFENDAN: Highlands Resthouse Holdings Sdn Bhd (3548627-H)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 December 2022
Case Number
CB-21NCvC-1-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Claim for Unpaid Lease and Declaratory Relief / Judgment (default)
Outcome
Default judgment entered for Plaintiff
Legal Topics
Lease Payments, Declaration of Cancellation of Lease, Default Judgment, Setting Aside Judgment, Costs
Contract Civil Procedure Arbitration Lease Payments Declaration of Cancellation of Lease Default Judgment Setting Aside Judgment Costs

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Parties

Perbadanan Kemajuan Bukit Fraser

PLAINTIF

Highlands Resthouse Holdings Sdn Bhd (3548627-H)

DEFENDAN

Procedural Posture

Civil Claim for Unpaid Lease and Declaratory Relief / Judgment (default)

  1. 1 Whether default judgment should be entered against defendant for unpaid lease payments and double rent
  2. 2 Whether the court may proceed and enter judgment in defendant's absence where notice was given
  3. 3 Whether the declaration cancelling the lease agreements should be granted

Ratio Decidendi

Defendant had notice of the hearing, failed to attend without adequate explanation despite prior opportunities and interlocutory proceedings; in exercise of the court's discretion under Order 35 Rules of Court 2012 the court entered judgment in favour of the plaintiff as pleaded and awarded costs, while noting defendant retains the statutory right to apply to set aside the default judgment.

Court Disposition

Default judgment entered for Plaintiff

Orders

  • Judgment entered in favour of Plaintiff as claimed in paragraph 38(a) to (g) of the Statement of Claim
  • Costs awarded to Plaintiff in the sum of RM10000.00