1. TAN YONG SENG (NO. K/P : 820429-10-5045) 2. TAN CHIN SENG (NO. K/P : 840227-10-5475) 3. TAN ENG WOH (NO. K/P : 481222-10-5829) 1. NAH SWEE BEE (NO. K/P : 581008-10-5404) 2. ELENA HOW PEI LING (NO. K/P : 850726-10-5532) 3. HOW CHAI ENG (N

1. TAN YONG SENG (NO. K/P : 820429-10-5045) 2. TAN CHIN SENG (NO. K/P : 840227-10-5475) 3. TAN ENG WOH (NO. K/P : 481222-10-5829) 1. NAH SWEE BEE (NO. K/P : 581008-10-5404) 2. ELENA HOW PEI LING (NO. K/P : 850726-10-5532) 3. HOW CHAI ENG (N

Service of the writ and statement of claim was regularly effected in compliance with the contractual notice provisions and by substituted service and service on solicitors; the defendants failed to produce affidavit evidence or documentary proof disclosing a prima facie or arguable defence on the merits; therefore the application to set aside the judgment in default was correctly dismissed and the appeal fails.

Citation
BA-12ANCVC-112-08/2019 (Mahkamah Tinggi)
Parties
Appellant: Tan Yong Seng; Appellant: Tan Chin Seng; Appellant: Tan Eng Woh; Respondent: Nah Swee Bee; Respondent: Elena How Pei Ling; Respondent: How Chai Eng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 February 2020
Case Number
BA-12ANCVC-112-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (application to Set Aside Judgment in Default) / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgment in Default, Substituted Service, Contractual Notice and Service Provisions, Prima Facie Defence, Costs
Source Language
Malay/English
Civil Procedure Contract Judgment in Default Service of Process Setting Aside Judgment in Default Substituted Service Contractual Notice and Service Provisions Prima Facie Defence +1 more

Case Brief

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Parties

Tan Yong Seng

Appellant

Tan Chin Seng

Appellant

Tan Eng Woh

Appellant

Nah Swee Bee

Respondent

Elena How Pei Ling

Respondent

How Chai Eng

Respondent

Procedural Posture

Civil Appeal From Sessions Court (application to Set Aside Judgment in Default) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the default judgment was regularly obtained
  2. 2 Whether substituted service and service by registered post in accordance with the contract were valid
  3. 3 Whether the defendants disclosed a prima facie defense on the merits by affidavit and documents

Ratio Decidendi

Service of the writ and statement of claim was regularly effected in compliance with the contractual notice provisions and by substituted service and service on solicitors; the defendants failed to produce affidavit evidence or documentary proof disclosing a prima facie or arguable defence on the merits; therefore the application to set aside the judgment in default was correctly dismissed and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Order of Sessions Court dated 25.7.2019 affirmed