MOHAMAD AZZAM AFIZZUDDIN BIN AB AZIZ 1. ) THETA TECHNOLOGIES SDN. BHD. 2. ) THETA EDGE BERHAD

MOHAMAD AZZAM AFIZZUDDIN BIN AB AZIZ 1. ) THETA TECHNOLOGIES SDN. BHD. 2. ) THETA EDGE BERHAD

The appellate court held the trial judge correctly found the writ, statement of claim and JID were regularly served and recorded; the appellant failed to prove a prima facie meritorious defence in his affidavit and did not satisfy tests for upsetting factual findings. Absent a finding that the trial judge was plainly wrong or failed to appreciate evidence, appellate intervention was not justified, and the appeal was dismissed with costs.

Citation
BA-12A-9-02/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Mohamad Azzam Afiffzuddin bin Ab Aziz; Respondent/plaintiff: Theta Technologies Sdn Bhd; Respondent/plaintiff: Theta Edge Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 June 2022
Case Number
BA-12A-9-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Decision
Outcome
appeal dismissed
Legal Topics
Set Aside Default Judgment, Service of Process, Judgment in Default, Defence on the Merits, Appellate Review Standard, Subrogation, Damages and Interest
Source Language
Malay/English
Civil Procedure Contract Fiduciary Duty Employment Law Equity and Trusts Set Aside Default Judgment Service of Process Judgment in Default +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mohamad Azzam Afiffzuddin bin Ab Aziz

Appellant/defendant

Theta Technologies Sdn Bhd

Respondent/plaintiff

Theta Edge Berhad

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appellate Decision

Legal Issues

  1. 1 Whether the judgment in default (JID) was regularly obtained and service proper
  2. 2 Whether the appellant filed the application to set aside JID within time
  3. 3 Whether the appellant demonstrated a prima facie/meritorious defence to warrant setting aside the JID

Ratio Decidendi

The appellate court held the trial judge correctly found the writ, statement of claim and JID were regularly served and recorded; the appellant failed to prove a prima facie meritorious defence in his affidavit and did not satisfy tests for upsetting factual findings. Absent a finding that the trial judge was plainly wrong or failed to appreciate evidence, appellate intervention was not justified, and the appeal was dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs of RM6,000.00 subject to allocatur
  • High Court judgment affirming the decision of the Sessions Court rejecting application to set aside the JID