WONG CHUNG KIEW 1. ) ANTANUSA DEVELOPMENT SDN BHD 2. ) GOLD COAST MORIB RESORT SDN BHD

WONG CHUNG KIEW 1. ) ANTANUSA DEVELOPMENT SDN BHD 2. ) GOLD COAST MORIB RESORT SDN BHD

Service was valid because the writ was sent by registered post to the defendant corporation's business/contractual address supplied by the defendant; the affidavit of service and posting evidence establish due service; the identified errors were clerical/typographical and curable under the Rules (Order 1A and Order 2); the defendant failed to demonstrate a meritorious defence or prejudice, therefore the application to set aside the default judgment must be dismissed.

Citation
A52NCVC-534-10-2020 (Mahkamah Sesyen)
Parties
Plaintiff: Metro Source Sdn Bhd; Defendant 1: Pak Chun Enterprise Sdn Bhd; Defendant 2: Howkim Chai; Defendant 3: How Boon Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 March 2021
Case Number
A52NCVC-534-10-2020 (Mahkamah Sesyen)
Procedural Posture
Civil Debt/contract Claim / Application to Set Aside Default Judgment in Sessions Court (decision on Application)
Outcome
Application to set aside default judgment dismissed
Legal Topics
Service of Writ, Default Judgment, Setting Aside Judgment, Endorsement of Service, Estoppel
Source Language
Malay/English
Civil Procedure Contract Law Company Law Civil Litigation Service of Writ Default Judgment Setting Aside Judgment Endorsement of Service +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Metro Source Sdn Bhd

Plaintiff

Pak Chun Enterprise Sdn Bhd

Defendant 1

Howkim Chai

Defendant 2

How Boon Chin

Defendant 3

Procedural Posture

Civil Debt/contract Claim / Application to Set Aside Default Judgment in Sessions Court (decision on Application)

Legal Issues

  1. 1 Whether service of the writ on defendant 1 was valid at the Sungai Buloh address
  2. 2 Whether the endorsement date error in the affidavit of service invalidates service
  3. 3 Whether the default judgment is defective for failing to specify which defendant defaulted

Ratio Decidendi

Service was valid because the writ was sent by registered post to the defendant corporation's business/contractual address supplied by the defendant; the affidavit of service and posting evidence establish due service; the identified errors were clerical/typographical and curable under the Rules (Order 1A and Order 2); the defendant failed to demonstrate a meritorious defence or prejudice, therefore the application to set aside the default judgment must be dismissed.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Application by Defendant 1 to set aside the default judgment dated 12.11.2020 dismissed with costs
  • Defendant 1 is ordered to pay costs in the sum of RM3000.00 to the Plaintiff