Ramasundramoorthy a/l Permalu Gregory Yusran & Associates

Ramasundramoorthy a/l Permalu Gregory Yusran & Associates

The appeal is dismissed because the appellant failed to comply with the mandatory time limit to apply to set aside a default judgment, failed to provide an acceptable explanation for the delay, failed to rebut the presumption of proper service by prepaid AR registered post at his last known address, and failed to exhibit a proposed defence demonstrating a defence on the merits.

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 — Dissenting Judgment on Appeal From High Court (setting Aside Default Judgment)
Outcome
Appeal dismissed; decision of the learned Judicial Commissioner affirmed
Legal Topics
Setting Aside Judgment in Default, Service of Process by Registered Post, Timeliness and Statutory Time Limits, Proof of Service, Requirement to Show Defence on the Merits
Source Language
Malay/English
Civil Procedure Contract Insolvency/bankruptcy Setting Aside Judgment in Default Service of Process by Registered Post Timeliness and Statutory Time Limits Proof of Service Requirement to Show Defence on the Merits

Case Brief

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Parties

Ramasundramoorthy a/l Permalu

Appellant

Gregory Yusran & Associates

Respondent

Procedural Posture

Civil Appeal / Court of Appeal — Dissenting Judgment on Appeal From High Court (setting Aside Default Judgment)

Legal Issues

  1. 1 Whether the default judgment was irregular (improper service) or regular
  2. 2 Whether the applicant's delay in applying to set aside the judgment was fatal under the Rules of Court
  3. 3 Whether service by prepaid AR registered post at last known address without personal signature by defendant invalidates service

Ratio Decidendi

The appeal is dismissed because the appellant failed to comply with the mandatory time limit to apply to set aside a default judgment, failed to provide an acceptable explanation for the delay, failed to rebut the presumption of proper service by prepaid AR registered post at his last known address, and failed to exhibit a proposed defence demonstrating a defence on the merits.

Court Disposition

Appeal dismissed; decision of the learned Judicial Commissioner affirmed

Orders

  • Appeal dismissed
  • Decision of the learned Judicial Commissioner affirmed