LIM WEI CHIEK ANCOM ENERGY & SERVICES SDN. BHD.

LIM WEI CHIEK ANCOM ENERGY & SERVICES SDN. BHD.

Service of the writ and statement of claim was valid under the parties' contractual service clause and Order 10 r 3(1)(b); the appellant failed to show the default judgment was irregular and failed to disclose a prima facie defence supported by evidence; therefore the sessions court's refusal to set aside the default judgment was correct and the appeal is dismissed with costs.

Citation
BL-12ANCC-4-07/2022 (Mahkamah Tinggi)
Parties
Appellant: LEE WEI CHIEK; Respondent: ANCOM ENERGY & SERVICES SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2022
Case Number
BL-12ANCC-4-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (setting Aside Default Judgment) / Judgment — Grounds of Appeal Heard and Disposed
Outcome
Appeal dismissed
Legal Topics
Personal Guarantee, Service of Process, Setting Aside Default Judgment, Order 13 Rule 8 ROC 2012, Order 10 Rule 3 ROC 2012
Source Language
Malay/English
Contract Civil Procedure Guarantee Law Personal Guarantee Service of Process Setting Aside Default Judgment Order 13 Rule 8 ROC 2012 Order 10 Rule 3 ROC 2012

Case Brief

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Parties

LEE WEI CHIEK

Appellant

ANCOM ENERGY & SERVICES SDN BHD

Respondent

Procedural Posture

Civil Appeal From Sessions Court (setting Aside Default Judgment) / Judgment — Grounds of Appeal Heard and Disposed

Legal Issues

  1. 1 Whether the default judgment was irregular due to improper service of writ and statement of claim
  2. 2 Whether the appellant disclosed a prima facie/arguable defence on the merits to set aside a regularly obtained default judgment
  3. 3 Whether the personal guarantee was binding on the appellant

Ratio Decidendi

Service of the writ and statement of claim was valid under the parties' contractual service clause and Order 10 r 3(1)(b); the appellant failed to show the default judgment was irregular and failed to disclose a prima facie defence supported by evidence; therefore the sessions court's refusal to set aside the default judgment was correct and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondent RM3,000.00