SINBOR CO PTE LTD v GOLDEN TILING SDN BHD

SINBOR CO PTE LTD v GOLDEN TILING SDN BHD

The 7‑day appearance error was a non‑prejudicial irregularity under O.2 r.1 and did not void the default judgment; the statement of claim provided sufficient particulars by reference to rendered accounts; omission in Form 137(b) was immaterial because service was to the registered address and receipt was not denied; the claim was a liquidated demand; the contract currency was Singapore dollars so judgment in SGD was regular; the defendant's bare denial did not disclose a prima facie defence warranting setting aside the default judgment.

Citation
SINBOR CO PTE LTD v GOLDEN TILING SDN BHD
Parties
Plaintiff: Sinbor Co. Pte. Ltd.; Defendant: Golden Tiling Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Suit Application to Set Aside Default Judgment / Appeal From Senior Assistant Registrar's Dismissal of Application to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Writ, Particulars of Claim, Liquidated Demand, Foreign Currency Judgment, Irregularity
Source Language
en
Civil Procedure Contract Commercial Law Default Judgment Setting Aside Judgment Service of Writ Particulars of Claim Liquidated Demand +2 more

Case Brief

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Parties

Sinbor Co. Pte. Ltd.

Plaintiff

Golden Tiling Sdn. Bhd.

Defendant

Procedural Posture

Civil Suit Application to Set Aside Default Judgment / Appeal From Senior Assistant Registrar's Dismissal of Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether time limited for appearance being 7 days instead of 8 rendered judgment irregular
  2. 2 Whether statement of claim provided adequate particulars of goods and dates of delivery
  3. 3 Whether affidavit of service complied with Form 137(b) despite omission of words 'which is the registered office'

Ratio Decidendi

The 7‑day appearance error was a non‑prejudicial irregularity under O.2 r.1 and did not void the default judgment; the statement of claim provided sufficient particulars by reference to rendered accounts; omission in Form 137(b) was immaterial because service was to the registered address and receipt was not denied; the claim was a liquidated demand; the contract currency was Singapore dollars so judgment in SGD was regular; the defendant's bare denial did not disclose a prima facie defence warranting setting aside the default judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs