1. Megamars Sdn Bhd 2. Syed Abdul Wahab Idid 3. Ravindranathan a/l Kesava Pillai 4. Gumporoi @ Nora Binti Matuya 5. Rudranara Maduli @ Radharaman Pillai 1. Linktech Technology Sdn Bhd 2. Jonsan a/l Arumainathan

1. Megamars Sdn Bhd 2. Syed Abdul Wahab Idid 3. Ravindranathan a/l Kesava Pillai 4. Gumporoi @ Nora Binti Matuya 5. Rudranara Maduli @ Radharaman Pillai 1. Linktech Technology Sdn Bhd 2. Jonsan a/l Arumainathan

The court allowed the appeal and set aside the default judgment because the appellants, by exhibiting their previous Statement of Defence and Counterclaim as part of their supporting affidavit, established a prima facie defence on the merits; the Rules of Court 2012 do not mandate annexing a draft statement of defence and omission is not fatal when a sufficient affidavit demonstrating a bona fide defence is before the court.

Citation
BA-12ANCVC-172-10/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: MEGAMARS SDN. BHD.; Appellant/defendant: SYED ABDUL WAHAB IDID; Appellant/defendant: RAVINDRANATHAN A/L KESAVA PILLAI; Appellant/defendant: GUMPOROI @ NORA BINTI MATUYA; Appellant/defendant: RUDRANARA MODULI @ RADHARAMAN PILLAI; Respondent/plaintiff: LINKTECH TECHNOLOGY SDN BHD; Respondent/plaintiff: JONSAN A/L ARUMAINATHAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2020
Case Number
BA-12ANCVC-172-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Judgment on Application to Set Aside Default Judgment
Outcome
Appeal allowed; Judgment in Default of Appearance dated 10 June 2019 set aside
Legal Topics
Setting Aside Judgment in Default, Prima Facie Defence, Draft Statement of Defence, Summary Judgment
Source Language
Malay/English
Civil Procedure Contract Law Commercial Litigation Setting Aside Judgment in Default Prima Facie Defence Draft Statement of Defence Summary Judgment

Case Brief

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Parties

MEGAMARS SDN. BHD.

Appellant/defendant

SYED ABDUL WAHAB IDID

Appellant/defendant

RAVINDRANATHAN A/L KESAVA PILLAI

Appellant/defendant

GUMPOROI @ NORA BINTI MATUYA

Appellant/defendant

RUDRANARA MODULI @ RADHARAMAN PILLAI

Appellant/defendant

LINKTECH TECHNOLOGY SDN BHD

Respondent/plaintiff

JONSAN A/L ARUMAINATHAN

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appellate Judgment on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the omission to annex a draft statement of defence is fatal to an application to set aside a judgment in default of appearance
  2. 2 Whether the appellants demonstrated a prima facie defence on the merits sufficient to set aside a regularly obtained default judgment
  3. 3 Whether the previous statement of defence and counterclaim exhibited to the affidavit can be treated as forming part of the affidavit

Ratio Decidendi

The court allowed the appeal and set aside the default judgment because the appellants, by exhibiting their previous Statement of Defence and Counterclaim as part of their supporting affidavit, established a prima facie defence on the merits; the Rules of Court 2012 do not mandate annexing a draft statement of defence and omission is not fatal when a sufficient affidavit demonstrating a bona fide defence is before the court.

Court Disposition

Appeal allowed; Judgment in Default of Appearance dated 10 June 2019 set aside

Orders

  • Default judgment dated 10 June 2019 set aside
  • Costs fixed at RM 2,000.00 in favour of the appellants