NARIMAH BINTI MAHMOOD MALAYAN BANKING BERHAD

NARIMAH BINTI MAHMOOD MALAYAN BANKING BERHAD

The default judgment was regular because the writ was served at the defendant's last known address which the defendant did not dispute, and the defendant's allegation of forgery amounted to a bare denial without supporting evidence; therefore there was no meritorious defence and the appeal failed.

Citation
WA-12ANCVC-145-06/2019 (Mahkamah Tinggi)
Parties
Appellant: Narimah binti Mahmood; Respondent: Malayan Baking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2021
Case Number
WA-12ANCVC-145-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Judgment in Default of Appearance / High Court Appellate Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Default Judgment, Service of Process, Forgery of Signature, Overdraft Facility, Set Aside Judgment
Source Language
Malay/English
Contract Civil Procedure Evidence Default Judgment Service of Process Forgery of Signature Overdraft Facility Set Aside Judgment

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Parties

Narimah binti Mahmood

Appellant

Malayan Baking Berhad

Respondent

Procedural Posture

Civil Appeal From Sessions Court Judgment in Default of Appearance / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the judgment in default of appearance was regular (proper service)
  2. 2 Whether the defendant has a meritorious defence to set aside the judgment, specifically alleged forgery of signature

Ratio Decidendi

The default judgment was regular because the writ was served at the defendant's last known address which the defendant did not dispute, and the defendant's allegation of forgery amounted to a bare denial without supporting evidence; therefore there was no meritorious defence and the appeal failed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs of RM3,000 to the respondent