TENAGA NASIONAL BERHAD LOW CHEE KONG

TENAGA NASIONAL BERHAD LOW CHEE KONG

Default judgment was regularly obtained by valid substituted service; the defendant filed the application after an inordinate delay of over one year without satisfactory explanation; the defence asserted lacked evidential support and was not meritorious; accordingly the application to set aside the default judgment...

Source-derived case information.

Citation
NA-A52NCvC-6-02/2023 (Mahkamah Sesyen)
Parties
Plaintiff: Tenaga Nasional Berhad; Defendant: Low Chee Kong
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2024
Case Number
NA-A52NCvC-6-02/2023 (Mahkamah Sesyen)
Procedural Posture
Civil (debt Recovery) / Application to Set Aside Default Judgment
Outcome
Defendant's application to set aside the default judgment dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Delay in Filing Application, Merits of Defence
Civil Procedure Debt Recovery Contract Electricity Supply Setting Aside Default Judgment Service of Process Delay in Filing Application Merits of Defence

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Parties

Tenaga Nasional Berhad

Plaintiff

Low Chee Kong

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the default judgment was regularly obtained
  2. 2 Whether the defendant explained the delay in applying to set aside
  3. 3 Whether the defendant has a meritorious defence

Ratio Decidendi

Default judgment was regularly obtained by valid substituted service; the defendant filed the application after an inordinate delay of over one year without satisfactory explanation; the defence asserted lacked evidential support and was not meritorious; accordingly the application to set aside the default judgment is dismissed.

Court Disposition

Defendant's application to set aside the default judgment dismissed

Orders

  • Defendant's application dated 26 August 2024 to set aside the default judgment dated 28 April 2023 is dismissed.