MIR SOLUTIONS SDN. BHD. EARLY YEARS DEVELOPMENT SDN. BHD.

MIR SOLUTIONS SDN. BHD. EARLY YEARS DEVELOPMENT SDN. BHD.

The court found the default judgment was regularly obtained and service on the defendant by registered post was proper and acknowledged; the defendant failed to comply with the Rules by not filing a supporting affidavit within the prescribed time and gave no satisfactory explanation for the delay; the defendant failed to establish a meritorious defence. Therefore the application to set aside the default judgment was dismissed with costs.

Citation
BA-A52NCvC-199-05/2020 (Mahkamah Sesyen)
Parties
PLAINTIF: MIR SOLUTIONS SDN. BHD.; DEFENDAN: EARLY YEARS DEVELOPMENT SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 December 2020
Case Number
BA-A52NCvC-199-05/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under Order 13 R.8 Rules of Court 2012
Outcome
Application to set aside default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process by Registered Post, Estoppel, Compliance With Procedural Rules, Meritorious Defence, Costs
Source Language
Malay/English
Civil Procedure Contract Company Law Alternative Dispute Resolution Setting Aside Default Judgment Service of Process by Registered Post Estoppel Compliance With Procedural Rules +2 more

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Parties

MIR SOLUTIONS SDN. BHD.

PLAINTIF

EARLY YEARS DEVELOPMENT SDN. BHD.

DEFENDAN

Procedural Posture

Civil Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under Order 13 R.8 Rules of Court 2012

Legal Issues

  1. 1 Whether the default judgment was regular and/or properly obtained
  2. 2 Whether service of the writ and statement of claim on the defendant was proper
  3. 3 Whether the defendant's delay in filing supporting affidavit was fatal to the application

Ratio Decidendi

The court found the default judgment was regularly obtained and service on the defendant by registered post was proper and acknowledged; the defendant failed to comply with the Rules by not filing a supporting affidavit within the prescribed time and gave no satisfactory explanation for the delay; the defendant failed to establish a meritorious defence. Therefore the application to set aside the default judgment was dismissed with costs.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Application dismissed
  • Defendant to pay costs of RM3,000 to plaintiff