RHB BANK BERHAD 1. ) LKW PETROLEUM SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

RHB BANK BERHAD 1. ) LKW PETROLEUM SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

The JID was regular and any clerical error in the Certificate of Non-Appearance was not so serious as to nullify the judgment; defendants had actual knowledge, failed to demonstrate prejudice or a prima facie defence on the merits, and their excuse for non-appearance was insufficient, therefore the application to set aside the JID is dismissed.

Citation
WA-22NCC-439-09/2022 (Mahkamah Tinggi)
Parties
Plaintiff: RHB BANK BERHAD; 1st Defendant: LKW PETROLEUM SDN BHD; 2nd Defendant: LEE KOK WAI; 3rd Defendant: MOEY MEI YOKE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 June 2023
Case Number
WA-22NCC-439-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial (ncc) / Application to Set Aside Judgment in Default of Appearance
Outcome
Application to set aside Judgment in Default dismissed
Legal Topics
Judgment in Default, Service of Process, Setting Aside Judgment, Guarantee, Loan Facility
Source Language
Malay/English
Civil Procedure Banking and Finance Contract Judgment in Default Service of Process Setting Aside Judgment Guarantee Loan Facility

Case Brief

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Parties

RHB BANK BERHAD

Plaintiff

LKW PETROLEUM SDN BHD

1st Defendant

LEE KOK WAI

2nd Defendant

MOEY MEI YOKE

3rd Defendant

Procedural Posture

Civil Commercial (ncc) / Application to Set Aside Judgment in Default of Appearance

Legal Issues

  1. 1 Whether application was delayed
  2. 2 Whether error in Certificate of Non-Appearance invalidates the JID
  3. 3 Whether defendants' explanation for non-appearance is satisfactory

Ratio Decidendi

The JID was regular and any clerical error in the Certificate of Non-Appearance was not so serious as to nullify the judgment; defendants had actual knowledge, failed to demonstrate prejudice or a prima facie defence on the merits, and their excuse for non-appearance was insufficient, therefore the application to set aside the JID is dismissed.

Court Disposition

Application to set aside Judgment in Default dismissed

Orders

  • Application dismissed with costs in favour of the Plaintiff