Ng Mei Oy Jee Jee Hoe

Ng Mei Oy Jee Jee Hoe

Application to set aside default judgment dismissed because (1) plaintiff established posting to correct address and defendant failed to obtain postal authority confirmation of non-delivery, and (2) defendant filed the setting aside application well outside the 30‑day period under Order 42 r13 without a satisfactory explanation; merits were not considered further; costs awarded to plaintiff.

Citation
PA-B52NCVC-34-7-2019 (Mahkamah Sesyen)
Parties
Plaintiff: NG MEI OY; Defendant: JEE JEE HOE
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 October 2020
Case Number
PA-B52NCVC-34-7-2019 (Mahkamah Sesyen)
Procedural Posture
Civil Suit / Application to Set Aside Default Judgment
Outcome
Defendant's application to set aside default judgment dismissed
Legal Topics
Service of Process, Substituted Service, Setting Aside Default Judgment, Time Limits for Setting Aside (order 42 R13), Overriding Objective (order 1 A), Interest on Judgment, Admissibility of Documents, Stamp Duty
Source Language
Malay/English
Civil Procedure Contract Law Evidence Law Stamp Law Service of Process Substituted Service Setting Aside Default Judgment Time Limits for Setting Aside (order 42 R13) +4 more

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Parties

NG MEI OY

Plaintiff

JEE JEE HOE

Defendant

Procedural Posture

Civil Suit / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of writ and statement of claim was effective by registered post/certificate of posting
  2. 2 Whether substituted service complied with rules
  3. 3 Whether defendant filed setting aside application within 30 days as required by Order 42 r13 or explained delay

Ratio Decidendi

Application to set aside default judgment dismissed because (1) plaintiff established posting to correct address and defendant failed to obtain postal authority confirmation of non-delivery, and (2) defendant filed the setting aside application well outside the 30‑day period under Order 42 r13 without a satisfactory explanation; merits were not considered further; costs awarded to plaintiff.

Court Disposition

Defendant's application to set aside default judgment dismissed

Orders

  • Defendant's application dated 3.7.2020 dismissed
  • Defendant to pay costs of RM3,000.00 to Plaintiff