MIR SOLUTIONS SDN. BHD. EARLY YEARS DEVELOPMENT SDN. BHD.

MIR SOLUTIONS SDN. BHD. EARLY YEARS DEVELOPMENT SDN. BHD.

Service by registered post to the defendant's registered and business addresses was regular and supported by affidavit and posting receipts; defendant had actual knowledge of the proceedings and failed to enter appearance; defendant breached mandatory time limit to file supporting affidavit for the setting-aside application and provided no adequate excuse; defendant did not disclose a prima facie meritorious defence or deny promises to repair and return equipment; prior proceedings and settlement did not bar the distinct claims now before the court. Therefore the application to set aside the default judgment was dismissed and costs awarded to the plaintiff.

Citation
A52NCVC-199-05-2020 (Mahkamah Sesyen)
Parties
Plaintiff: MIR SOLUTIONS SDN. BHD.; Defendant: EARLY YEARS DEVELOPMENT SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 December 2020
Case Number
A52NCVC-199-05-2020 (Mahkamah Sesyen)
Procedural Posture
Civil Claim Equipment Lease and Related Damages; Application to Set Aside Default Judgment / Interlocutory Application Under Order 13 Rule 8 Rules of Court 2012 at Sessions Court (shah Alam)
Outcome
Application to set aside default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process by Registered Post, Compliance With Court Rules and Time Limits, Estoppel, Arbitration/previous Proceedings Effect, Costs
Source Language
Malay/English
Civil Procedure Contract Tort (negligence) Setting Aside Default Judgment Service of Process by Registered Post Compliance With Court Rules and Time Limits Estoppel Arbitration/previous Proceedings Effect +1 more

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Parties

MIR SOLUTIONS SDN. BHD.

Plaintiff

EARLY YEARS DEVELOPMENT SDN. BHD.

Defendant

Procedural Posture

Civil Claim Equipment Lease and Related Damages; Application to Set Aside Default Judgment / Interlocutory Application Under Order 13 Rule 8 Rules of Court 2012 at Sessions Court (shah Alam)

Legal Issues

  1. 1 Whether service of writ and statement of claim on defendant was valid and regular
  2. 2 Whether defendant complied with procedural requirement to file supporting affidavit within prescribed time
  3. 3 Whether prior related suit or its suspension bound the current proceedings

Ratio Decidendi

Service by registered post to the defendant's registered and business addresses was regular and supported by affidavit and posting receipts; defendant had actual knowledge of the proceedings and failed to enter appearance; defendant breached mandatory time limit to file supporting affidavit for the setting-aside application and provided no adequate excuse; defendant did not disclose a prima facie meritorious defence or deny promises to repair and return equipment; prior proceedings and settlement did not bar the distinct claims now before the court. Therefore the application to set aside the default judgment was dismissed and costs awarded to the plaintiff.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Application to set aside default judgment dismissed
  • Defendant to pay costs to plaintiff in the sum of RM3,000