RAJENDRAN A/L KALADASAN (NO. K/P : 880827-43-5319) MEASAT BROADCAST NETWORK SYSTEMS SDN. BHD. (NO. SYARIKAT : 240064-A)

RAJENDRAN A/L KALADASAN (NO. K/P : 880827-43-5319) MEASAT BROADCAST NETWORK SYSTEMS SDN. BHD. (NO. SYARIKAT : 240064-A)

Service of the writ and statement of claim was regular; the defendant failed to demonstrate a meritorious defence or a triable issue; documentary evidence showed contractual obligations under the IFSP scope and failure to remit COD funds and liability for penalties; application to adduce new evidence failed for procedural defects and lateness; therefore the default judgment and the lower court order were upheld and the appeal dismissed.

Citation
WA-12ANCVC-329-12/2019 (Mahkamah Tinggi)
Parties
Appellant (former Defendant): Rajendran a/l Kaladasan; Respondent (plaintiff in High Court): Measat Broadcast Network Systems Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 January 2021
Case Number
WA-12ANCVC-329-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal to Court of Appeal From High Court Judgment on Setting Aside Default Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Remittance of COD Funds, Penalty Clause for Late Delivery, Admission of Fresh Evidence
Source Language
Malay/English
Contract Civil Procedure Commercial Law Agency Trust/bailee Obligations Setting Aside Default Judgment Service of Process Remittance of COD Funds +2 more

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Parties

Rajendran a/l Kaladasan

Appellant (former Defendant)

Measat Broadcast Network Systems Sdn. Bhd.

Respondent (plaintiff in High Court)

Procedural Posture

Civil Appeal / Appeal to Court of Appeal From High Court Judgment on Setting Aside Default Judgment

Legal Issues

  1. 1 Whether service of writ and statement of claim was valid and regular
  2. 2 Whether the default judgment entered on 5.9.2019 should be set aside for a meritorious defence
  3. 3 Whether defendant owed sums collected as COD to plaintiff and calculation of amounts due including penalties

Ratio Decidendi

Service of the writ and statement of claim was regular; the defendant failed to demonstrate a meritorious defence or a triable issue; documentary evidence showed contractual obligations under the IFSP scope and failure to remit COD funds and liability for penalties; application to adduce new evidence failed for procedural defects and lateness; therefore the default judgment and the lower court order were upheld and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent