Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

All applications by the Fourth Defendant were dismissed because the affidavit certification was defective and amounted to abuse of process; the applications were filed late and were afterthoughts without reasonable explanations for delay; the default judgment was regularly entered and the applicant failed to demonstrate a meritorious defence; accordingly relief to use or amend the defective affidavit, to set aside the judgment, or for extension of time was refused with costs.

Citation
AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Parties
Plaintiff/respondent: LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA; Defendant/appellant: KELAB BOLASEPAK MNY; Defendant/appellant: MUSTAFA BIN IDRIS; Defendant/appellant: AHMAD FAIZAL BIN AZZUHRI; Defendant/appellant: MOHAMMAD SUAIMI BIN MAT NEE
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Procedural Posture
Civil (session Court) / Post Judgment Applications (appeal by Fourth Defendant)
Outcome
Applications by Fourth Defendant (Annexes 115, 30 and 40) dismissed
Legal Topics
Setting Aside Default Judgment, Extension of Time, Service of Writ, Affidavit Amendments, Costs and Abuse of Process
Source Language
Malay/English
Civil Procedure Employment Law Litigation Practice Setting Aside Default Judgment Extension of Time Service of Writ Affidavit Amendments Costs and Abuse of Process

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Parties

LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA

Plaintiff/respondent

KELAB BOLASEPAK MNY

Defendant/appellant

MUSTAFA BIN IDRIS

Defendant/appellant

AHMAD FAIZAL BIN AZZUHRI

Defendant/appellant

MOHAMMAD SUAIMI BIN MAT NEE

Defendant/appellant

Procedural Posture

Civil (session Court) / Post Judgment Applications (appeal by Fourth Defendant)

Legal Issues

  1. 1 Whether a defective affidavit exhibiting another person's certification can be used or corrected
  2. 2 Whether the default judgment was irregular or properly entered
  3. 3 Whether the application to set aside default judgment was filed in time or with reasonable explanation for delay

Ratio Decidendi

All applications by the Fourth Defendant were dismissed because the affidavit certification was defective and amounted to abuse of process; the applications were filed late and were afterthoughts without reasonable explanations for delay; the default judgment was regularly entered and the applicant failed to demonstrate a meritorious defence; accordingly relief to use or amend the defective affidavit, to set aside the judgment, or for extension of time was refused with costs.

Court Disposition

Applications by Fourth Defendant (Annexes 115, 30 and 40) dismissed

Orders

  • Application in Annex 115 dismissed with costs RM2000
  • Application in Annex 30 (to set aside default judgment) dismissed with costs RM2000