YAHAYA BIN ABD RAHMAN JMB SPECTRUM SHOP/APARTMENT

YAHAYA BIN ABD RAHMAN JMB SPECTRUM SHOP/APARTMENT

Service was valid under Order 62 r.4; the defendant's supporting affidavit was filed late in breach of the Rule requiring supporting affidavits to be filed within 14 days, rendering the application procedurally irregular and an abuse of process; no triable issues were established; therefore the application to set aside the default judgment is dismissed and the default judgment of 2 August 2024 stands, with costs awarded to the plaintiff.

Citation
BA-A72NCvC-724-07/2024 (Mahkamah Majistret)
Parties
Plaintiff/respondent: Yahaya Bin Abd Rahman; Defendant/appellant: JMB Spectrum Shop/Apartment
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 January 2025
Case Number
BA-A72NCvC-724-07/2024 (Mahkamah Majistret)
Procedural Posture
Civil (property Damage) / Interlocutory Application to Set Aside Default Judgment; Interlocutory Appeal Filed to High Court
Outcome
Application to set aside default judgment (Lampiran 11) dismissed; default judgment dated 2 August 2024 upheld; assessment hearing fixed for 26 February 2025; costs awarded to plaintiff.
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Abuse of Process, Affidavit Filing Requirements, Costs, Assessment of Damages
Source Language
Malay/English
Civil Procedure Property Law Tort Service of Process Default Judgment Setting Aside Judgment Abuse of Process Affidavit Filing Requirements +2 more

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Parties

Yahaya Bin Abd Rahman

Plaintiff/respondent

JMB Spectrum Shop/Apartment

Defendant/appellant

Procedural Posture

Civil (property Damage) / Interlocutory Application to Set Aside Default Judgment; Interlocutory Appeal Filed to High Court

Legal Issues

  1. 1 Whether service by personal delivery to defendant's office complied with Order 62 r.4
  2. 2 Whether the defendant's application to set aside the default judgment was procedurally regular
  3. 3 Whether the defendant raised triable issues to justify setting aside judgment

Ratio Decidendi

Service was valid under Order 62 r.4; the defendant's supporting affidavit was filed late in breach of the Rule requiring supporting affidavits to be filed within 14 days, rendering the application procedurally irregular and an abuse of process; no triable issues were established; therefore the application to set aside the default judgment is dismissed and the default judgment of 2 August 2024 stands, with costs awarded to the plaintiff.

Court Disposition

Application to set aside default judgment (Lampiran 11) dismissed; default judgment dated 2 August 2024 upheld; assessment hearing fixed for 26 February 2025; costs awarded to plaintiff.

Orders

  • Dismiss Lampiran 11 (application to set aside default judgment)
  • Default judgment recorded against defendant on 2 August 2024 to remain