Ilylia Diyana Binti Kamaruzaman ENG LIAN ENTERPRISE SDN. BHD.

Ilylia Diyana Binti Kamaruzaman ENG LIAN ENTERPRISE SDN. BHD.

The appeal was dismissed because the Notice of Application to set aside a regular default judgment was not validly served by email alone absent a practice direction; the default judgment was regular; the appellant failed to disclose a defence on the merits or exhibit a draft defence; Order 1A could not be invoked to excuse intentional non-compliance; Covid-19 statutory relief did not cover the period in issue; mesne profits were properly awarded under statute.

Citation
WA-12ANCvC-157-10/2023 (Mahkamah Tinggi)
Parties
Appellant / 2nd Defendant: Ilylia Diyana binti Kamaruzaman; Respondent / Plaintiff: Eng Lian Enterprise Sdn. Bhd.; 1st Defendant: Roboticist Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2024
Case Number
WA-12ANCvC-157-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Decision on Appeal (grounds of Judgment)
Outcome
Appeal dismissed
Legal Topics
Service of Process, Default Judgment, Setting Aside, Mesne Profits, Practice Directions, COVID 19 Relief
Source Language
Malay/English
Civil Procedure Landlord and Tenant Contract Service of Process Default Judgment Setting Aside Mesne Profits Practice Directions +1 more

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Parties

Ilylia Diyana binti Kamaruzaman

Appellant / 2nd Defendant

Eng Lian Enterprise Sdn. Bhd.

Respondent / Plaintiff

Roboticist Sdn. Bhd.

1st Defendant

Procedural Posture

Civil Appeal From Sessions Court / Decision on Appeal (grounds of Judgment)

Legal Issues

  1. 1 Whether Notice of Application to set aside default judgment was validly served by email alone
  2. 2 Whether the default judgment was regular
  3. 3 Whether the applicant's affidavit disclosed a defence on the merits sufficient to set aside a regular default judgment

Ratio Decidendi

The appeal was dismissed because the Notice of Application to set aside a regular default judgment was not validly served by email alone absent a practice direction; the default judgment was regular; the appellant failed to disclose a defence on the merits or exhibit a draft defence; Order 1A could not be invoked to excuse intentional non-compliance; Covid-19 statutory relief did not cover the period in issue; mesne profits were properly awarded under statute.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Respondent RM3,000.00