MA YANAN 1. ) AAA GREENCELL SDN BHD 2. ) AAA GREENCELL INTERNATIONAL SDN BHD

MA YANAN 1. ) AAA GREENCELL SDN BHD 2. ) AAA GREENCELL INTERNATIONAL SDN BHD

Service of the writ at the defendants' registered business address rendered the default judgment regular; solicitors were appointed after service; defendants failed to disclose a meritorious defence or particularise alleged serious misconduct, therefore the application to set aside the default judgment is dismissed and costs are awarded to the plaintiff.

Citation
WA-22NCvC-75-02/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Ma Yanan; Defendant: AAA Greencell Sdn Bhd; Defendant: AAA Greencell International Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2023
Case Number
WA-22NCvC-75-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil / Decision on Application Under Order 13 R 8 to Set Aside Default Judgment (post Default Judgment)
Outcome
Application (Lampiran 12) to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Validity of Directors' Acts, Contractual Termination Compensation
Source Language
Malay/English
Civil Procedure Contract Law Employment Law Default Judgment Setting Aside Judgment Service of Process Validity of Directors' Acts Contractual Termination Compensation

Case Brief

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Parties

Ma Yanan

Plaintiff

AAA Greencell Sdn Bhd

Defendant

AAA Greencell International Sdn Bhd

Defendant

Procedural Posture

Civil / Decision on Application Under Order 13 R 8 to Set Aside Default Judgment (post Default Judgment)

Legal Issues

  1. 1 Whether the default judgment (Lampiran 7) was regularly obtained
  2. 2 Whether defendants have a meritorious defence sufficient to set aside a regularly obtained default judgment
  3. 3 Whether the civil court has jurisdiction to hear contractual claims for dismissal compensation

Ratio Decidendi

Service of the writ at the defendants' registered business address rendered the default judgment regular; solicitors were appointed after service; defendants failed to disclose a meritorious defence or particularise alleged serious misconduct, therefore the application to set aside the default judgment is dismissed and costs are awarded to the plaintiff.

Court Disposition

Application (Lampiran 12) to set aside default judgment dismissed

Orders

  • Lampiran 12 dismissed
  • Default judgment (Lampiran 7) stands