SIM CHON SIANG YU CHEE HONG @ LOOI CHEE HONG

SIM CHON SIANG YU CHEE HONG @ LOOI CHEE HONG

The default judgment was regularly obtained by valid substituted service; defendant's non-receipt allegation was not a satisfactory explanation; delay in applying was significant and unexplained; the draft defence did not demonstrate a bona fide triable issue; balancing all factors the court refused to exercise its...

Source-derived case information.

Citation
WA-23CY-41-11/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Sim Chon Siang; Defendant: Yu Chee Hong @ Looi Chee Hong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 April 2026
Case Number
WA-23CY-41-11/2024 (Mahkamah Tinggi)
Procedural Posture
Civil: Defamation / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Substituted Service, Delay and Laches, Bona Fide Defence, Costs
Civil Procedure Defamation Service of Process Default Judgment Setting Aside Default Judgment Substituted Service Delay and Laches Bona Fide Defence +1 more

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Parties

Sim Chon Siang

Plaintiff

Yu Chee Hong @ Looi Chee Hong

Defendant

Procedural Posture

Civil: Defamation / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was regular or irregular
  2. 2 Whether substituted service was valid
  3. 3 Whether defendant provided a reasonable explanation for failure to enter appearance

Ratio Decidendi

The default judgment was regularly obtained by valid substituted service; defendant's non-receipt allegation was not a satisfactory explanation; delay in applying was significant and unexplained; the draft defence did not demonstrate a bona fide triable issue; balancing all factors the court refused to exercise its discretion to set aside the judgment and dismissed the application with costs RM3,000.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Application dismissed
  • Costs to plaintiff RM3,000