SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) MOHD RAZLAN BIN MOHAMED YUSOF (berniaga atas nama dan gaya sebagai SOLO BORNEO MART)(201903266743)(003022948-H) 2. ) NUR SHEILA BINTI HASSIM

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) MOHD RAZLAN BIN MOHAMED YUSOF (berniaga atas nama dan gaya sebagai SOLO BORNEO MART)(201903266743)(003022948-H) 2. ) NUR SHEILA BINTI HASSIM

Service by ordinary post was valid and effective in accordance with the contractual service provisions and Order 10 r.3; the default judgment was therefore regular and Defendant Second failed to demonstrate a prima facie meritorious defence; accordingly the application to set aside the default judgment is dismissed...

Source-derived case information.

Citation
WA-B52M-1684-09/2023 (Mahkamah Sesyen)
Parties
Plaintiff: SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD; Defendant First: MOHD RAZLAN BIN MOHAMED YUSOF (SOLO BORNEO MART); Defendant Second: NUR SHEILA BINTI HASSIM
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 February 2025
Case Number
WA-B52M-1684-09/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Banking/contract (debt Recovery) / Judgment on Application to Set Aside Default Judgment
Outcome
Application by Defendant Second to set aside default judgment dismissed
Legal Topics
Personal Guarantee, Service of Process Pursuant to Contract, Default Judgment, Setting Aside Judgment, Certificate of Indebtedness, Facility Agreement, Murabahah
Banking Contract Civil Procedure Guarantee Debt Recovery Personal Guarantee Service of Process Pursuant to Contract Default Judgment +4 more

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Parties

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Plaintiff

MOHD RAZLAN BIN MOHAMED YUSOF (SOLO BORNEO MART)

Defendant First

NUR SHEILA BINTI HASSIM

Defendant Second

Procedural Posture

Civil Banking/contract (debt Recovery) / Judgment on Application to Set Aside Default Judgment

  1. 1 Whether service of writ and statement of claim on Defendant Second was valid under contract and Rules of Court
  2. 2 Whether the default judgment is regular
  3. 3 Whether Defendant Second has a meritorious/arguable defence sufficient to set aside a regular default judgment

Ratio Decidendi

Service by ordinary post was valid and effective in accordance with the contractual service provisions and Order 10 r.3; the default judgment was therefore regular and Defendant Second failed to demonstrate a prima facie meritorious defence; accordingly the application to set aside the default judgment is dismissed with costs.

Court Disposition

Application by Defendant Second to set aside default judgment dismissed

Orders

  • Application by Defendant Second to set aside the default judgment is dismissed with costs of RM3000.00