CHANDRASEGARAN A/L VEERYAH THURGAS INDUSTRIES SDN BHD

CHANDRASEGARAN A/L VEERYAH THURGAS INDUSTRIES SDN BHD

The High Court on re-hearing allowed the appeal and set aside the Sessions Court judgment in default; under the amended s68(1)(g) CJA such a High Court decision allowing setting aside of a default judgment is non-appealable to the Court of Appeal, and on the merits the High Court found the defendant disclosed a prima facie defence and had filed the Notice of Appeal within time.

Citation
PA-12ANCC-14-08/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: CHANDRASEGARAN A/L VEERYAH (Berniaga sebagai Thurgas Agencies); Respondent/plaintiff: THURGAS INDUSTRIES SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 April 2023
Case Number
PA-12ANCC-14-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court to High Court / High Court Judgment on Interlocutory Appeal Setting Aside Default Judgment; Potential Appeal to Court of Appeal Addressed
Outcome
High Court allowed the defendant's interlocutory appeal, set aside the Sessions Court judgment in default, reversed the Sessions Court order dated 29.7.2022 and remitted the matter for further case management and trial.
Legal Topics
Setting Aside Judgment in Default, Appealability Under CJA S68, Interlocutory Appeals, Service of Writ, Limitation Defence
Source Language
Malay/English
Civil Procedure Appellate Procedure Contract Law Evidence Setting Aside Judgment in Default Appealability Under CJA S68 Interlocutory Appeals Service of Writ +1 more

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Parties

CHANDRASEGARAN A/L VEERYAH (Berniaga sebagai Thurgas Agencies)

Appellant/defendant

THURGAS INDUSTRIES SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court to High Court / High Court Judgment on Interlocutory Appeal Setting Aside Default Judgment; Potential Appeal to Court of Appeal Addressed

Legal Issues

  1. 1 Whether amended s68(1)(g) Courts of Judicature Act 1964 bars an appeal to the Court of Appeal where the High Court allows an application to set aside a judgment in default obtained in a subordinate court
  2. 2 Whether a High Court interlocutory appeal by re-hearing falls within s68(1)(g)
  3. 3 Whether the defendant disclosed a prima facie defence sufficient to set aside a regularly obtained JID

Ratio Decidendi

The High Court on re-hearing allowed the appeal and set aside the Sessions Court judgment in default; under the amended s68(1)(g) CJA such a High Court decision allowing setting aside of a default judgment is non-appealable to the Court of Appeal, and on the merits the High Court found the defendant disclosed a prima facie defence and had filed the Notice of Appeal within time.

Court Disposition

High Court allowed the defendant's interlocutory appeal, set aside the Sessions Court judgment in default, reversed the Sessions Court order dated 29.7.2022 and remitted the matter for further case management and trial.

Orders

  • Judgment in default dated 29.7.2022 set aside
  • Sessions Court order dated 29.7.2022 reversed