Ramasundramoorthy A/L Permalu Gregory Yusran & Associates

Ramasundramoorthy A/L Permalu Gregory Yusran & Associates

The Court allowed the appeal because the appellant satisfactorily explained the delay and established a prima facie meritorious defence supported by affidavit evidence and contractual documents (showing a deductions/recoupment mechanism from compensation awards), therefore the regular default judgment was set aside to permit a full trial of the substantive issues.

Citation
B-03(IM)(NCVC)-21-03/2019 (Mahkamah Rayuan)
Parties
Appellant: Ramasundramoorthy a/l Permalu; Respondent: Gregory Yusran & Associates
Court
IM
Jurisdiction
Malaysia
Judgment Date
16 October 2019
Case Number
B-03(IM)(NCVC)-21-03/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Application to Set Aside Default Judgment (majority Decision)
Outcome
Appeal allowed; decision of the learned Judicial Commissioner set aside; order in terms of prayer (1) in enclosure 15 granted; no order as to costs.
Legal Topics
Setting Aside Default Judgment, Meritorious Defence, Delay/explanation for Delay, Contract for Services, Recovery of Funds, Bankruptcy Proceedings
Source Language
Malay/English
Civil Procedure Contract Law Insolvency Law Evidence Setting Aside Default Judgment Meritorious Defence Delay/explanation for Delay Contract for Services +2 more

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Parties

Ramasundramoorthy a/l Permalu

Appellant

Gregory Yusran & Associates

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Application to Set Aside Default Judgment (majority Decision)

Legal Issues

  1. 1 Whether the delay in applying to set aside the default judgment was satisfactorily explained
  2. 2 Whether the appellant demonstrated a meritorious defence sufficient to set aside a regular default judgment
  3. 3 Whether the default judgment was regular

Ratio Decidendi

The Court allowed the appeal because the appellant satisfactorily explained the delay and established a prima facie meritorious defence supported by affidavit evidence and contractual documents (showing a deductions/recoupment mechanism from compensation awards), therefore the regular default judgment was set aside to permit a full trial of the substantive issues.

Court Disposition

Appeal allowed; decision of the learned Judicial Commissioner set aside; order in terms of prayer (1) in enclosure 15 granted; no order as to costs.

Orders

  • Set aside the decision of the learned Judicial Commissioner
  • Allow appellant's application to set aside the default judgment and grant leave to enter appearance and file Defence in terms of prayer (1) in enclosure 15