RAINBOW MARBLE & TILING SDN. BHD. S. P. GRANITE SDN. BHD.

RAINBOW MARBLE & TILING SDN. BHD. S. P. GRANITE SDN. BHD.

The application to set aside the judgment-in-default was dismissed because it was filed out of the statutory 30-day period without a reasonable explanation (inordinate delay), service of the writ was regular under O.62 r.4 ROC, and the defendant failed to demonstrate a prima facie meritorious defence or provide...

Source-derived case information.

Citation
JA-22NCC-83-10/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Rainbow Marble & Tiling Sdn. Bhd.; Defendant: S. P. Granite Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 February 2023
Case Number
JA-22NCC-83-10/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Debt Recovery With Application to Set Aside Judgment in Default / Interlocutory Application to Set Aside Judgment in Default
Outcome
Defendant's application to set aside the judgment-in-default dismissed
Legal Topics
Setting Aside Judgment in Default, Service of Process on Corporation, Conspiracy to Defraud, Effect of Settlement Agreement
Civil Procedure Company Law Insolvency / Winding Up Contract Setting Aside Judgment in Default Service of Process on Corporation Conspiracy to Defraud Effect of Settlement Agreement

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Summary, issues, holding and outcome

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Parties

Rainbow Marble & Tiling Sdn. Bhd.

Plaintiff

S. P. Granite Sdn. Bhd.

Defendant

Procedural Posture

Civil Debt Recovery With Application to Set Aside Judgment in Default / Interlocutory Application to Set Aside Judgment in Default

Legal Issues

  1. 1 Whether the defendant's application to set aside a judgment-in-default was made within the mandatory time under O.42 r.13 ROC
  2. 2 Whether service of the writ and statement of claim on the defendant company was irregular under O.62 r.4 ROC
  3. 3 Whether the defendant has a bona fide defence on the merits including allegations of fraud and conspiracy

Ratio Decidendi

The application to set aside the judgment-in-default was dismissed because it was filed out of the statutory 30-day period without a reasonable explanation (inordinate delay), service of the writ was regular under O.62 r.4 ROC, and the defendant failed to demonstrate a prima facie meritorious defence or provide evidence of fraud or conspiracy to impeach the settlement letter which established the debt.

Court Disposition

Defendant's application to set aside the judgment-in-default dismissed

Orders

  • Application in Enclosure 8 dismissed
  • Costs awarded to the Plaintiff