MALAYAN BANKING BERHAD 1. ANG GIM KEAT 2. KENNY WOO B'NG TAT 3. TAN SHUR DER 4. ALICIA LIEW LI SHIA 5. KHONG RICHARD KUOK-ON 6. FILICIPARK INDUSTRIES SDN BHD

MALAYAN BANKING BERHAD 1. ANG GIM KEAT 2. KENNY WOO B'NG TAT 3. TAN SHUR DER 4. ALICIA LIEW LI SHIA 5. KHONG RICHARD KUOK-ON 6. FILICIPARK INDUSTRIES SDN BHD

Application dismissed because it was filed well beyond the 30 day period prescribed by Order 42 r.13 without any application for extension or explanation; and on merits the proposed defence did not disclose a prima facie defence as the guarantee was joint and several, withdrawal of action against one guarantor does...

Source-derived case information.

Citation
22NCC-153-11/21019 (Mahkamah Tinggi)
Parties
Plaintiff: Malayan Banking Berhad; Defendant: Facilipack Industries Sdn Bhd; Defendant: Kenny Woo B’ng Tat; Defendant: Tan Shun Der; Defendant: Alicia Lew Li Shia; Defendant: Ang Gim Keat; Defendant: Khong Richard Kuok-Onn
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 April 2021
Case Number
22NCC-153-11/21019 (Mahkamah Tinggi)
Procedural Posture
Civil Debt/guarantee (hire Purchase) / Application to Set Aside Default Judgment (order 19 R.9 and Order 42 R.13); Judgment in Default Entered 18.2.2020
Outcome
Application dismissed
Legal Topics
Setting Aside Default Judgment, Personal Guarantee, Joint and Several Liability, Hire Purchase Agreements, Delay and Extension of Time, Allegation of Fraud
Civil Procedure Contract Commercial Banking Law Setting Aside Default Judgment Personal Guarantee Joint and Several Liability Hire Purchase Agreements Delay and Extension of Time +1 more

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Parties

Malayan Banking Berhad

Plaintiff

Facilipack Industries Sdn Bhd

Defendant

Kenny Woo B’ng Tat

Defendant

Tan Shun Der

Defendant

Alicia Lew Li Shia

Defendant

Ang Gim Keat

Defendant

Khong Richard Kuok-Onn

Defendant

Procedural Posture

Civil Debt/guarantee (hire Purchase) / Application to Set Aside Default Judgment (order 19 R.9 and Order 42 R.13); Judgment in Default Entered 18.2.2020

Legal Issues

  1. 1 Whether the application to set aside the judgment was made within the 30 day period under Order 42 r.13
  2. 2 Whether the 5th Defendant has established a prima facie defence to justify setting aside the default judgment
  3. 3 Whether withdrawal of proceedings against one joint guarantor discharges the liability of the remaining joint guarantors

Ratio Decidendi

Application dismissed because it was filed well beyond the 30 day period prescribed by Order 42 r.13 without any application for extension or explanation; and on merits the proposed defence did not disclose a prima facie defence as the guarantee was joint and several, withdrawal of action against one guarantor does not discharge others, and allegations of fraud lacked particulars.

Court Disposition

Application dismissed

Orders

  • The application by the 5th Defendant to set aside the judgment in default of defence is dismissed.
  • 5th Defendant shall pay costs of RM 2,000 to the Plaintiff.