BOOBALAN A/L KRISHNAN SG ENTERTAINMENT & ADVERTISING

BOOBALAN A/L KRISHNAN SG ENTERTAINMENT & ADVERTISING

The High Court allowed the appeal because the process server did not reasonably identify the Appellant nor show interaction that would satisfy Order 62 rule 3; leaving documents in the mailbox in the presence of a purported wife or other occupants did not constitute personal service, rendering the JID irregular and subject to being set aside ex debito justitiae.

Citation
WA-12ANCC-25-06/2025 (Mahkamah Tinggi)
Parties
Appellant (perayu): Boobalan A/l Krishnan; Respondent: SG Entertainment & Advertising
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2026
Case Number
WA-12ANCC-25-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (rayaun Sivik) / Decision on Application to Set Aside Judgment in Default
Outcome
Appeal allowed; Judgment in Default set aside.
Legal Topics
Service of Process, Personal Service, Judgment in Default, Setting Aside Judgment, Ex Debito Justitiae
Source Language
Malay/English
Civil Procedure Commercial Law Contract Law Service of Process Personal Service Judgment in Default Setting Aside Judgment Ex Debito Justitiae

Case Brief

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Parties

Boobalan A/l Krishnan

Appellant (perayu)

SG Entertainment & Advertising

Respondent

Procedural Posture

Civil Appeal (rayaun Sivik) / Decision on Application to Set Aside Judgment in Default

Legal Issues

  1. 1 Whether personal service of the writ was valid
  2. 2 Whether the Judgment in Default (JID) was irregular and liable to be set aside ex debito justitiae
  3. 3 Whether defective service can be cured by subsequent knowledge of documents

Ratio Decidendi

The High Court allowed the appeal because the process server did not reasonably identify the Appellant nor show interaction that would satisfy Order 62 rule 3; leaving documents in the mailbox in the presence of a purported wife or other occupants did not constitute personal service, rendering the JID irregular and subject to being set aside ex debito justitiae.

Court Disposition

Appeal allowed; Judgment in Default set aside.

Orders

  • Judgment in Default dated 2-4-2024 set aside
  • Costs of this appeal to be costs in the action