SOLOMON FREEMAN LOOI JIA HORNG OOI CARMEN

SOLOMON FREEMAN LOOI JIA HORNG OOI CARMEN

The application to set aside the default judgment was dismissed because substituted service was properly effected at the defendant's last known address, the defendant had knowledge of the proceedings, and the defendant failed to give any satisfactory explanation for an approximately three‑month delay and did not apply for an extension of time, so the court declined to consider the merits.

Citation
BC-B53F-1-06/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Solomon Freeman Looi Jia Horng; Defendant: Ooi Carmen
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
BC-B53F-1-06/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Defamation / Application to Set Aside Default Judgment (post Judgment)
Outcome
Defendant's application to set aside default judgment dismissed
Legal Topics
Default Judgment, Substituted Service, Setting Aside Judgment, Extension of Time, Costs
Source Language
Malay/English
Defamation Civil Procedure Service of Process Default Judgment Substituted Service Setting Aside Judgment Extension of Time Costs

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Parties

Solomon Freeman Looi Jia Horng

Plaintiff

Ooi Carmen

Defendant

Procedural Posture

Civil Defamation / Application to Set Aside Default Judgment (post Judgment)

Legal Issues

  1. 1 Whether substituted service at defendant's last known address was valid and regular
  2. 2 Whether defendant had a reasonable explanation for delay in applying to set aside the default judgment
  3. 3 Whether defendant took steps to update address or had knowledge of proceedings

Ratio Decidendi

The application to set aside the default judgment was dismissed because substituted service was properly effected at the defendant's last known address, the defendant had knowledge of the proceedings, and the defendant failed to give any satisfactory explanation for an approximately three‑month delay and did not apply for an extension of time, so the court declined to consider the merits.

Court Disposition

Defendant's application to set aside default judgment dismissed

Orders

  • Application in Lampiran 29 dismissed
  • Defendant to pay costs of RM1500 to Plaintiff