Wire & Wireless Sdn Bhd 1. ) Mohd Taib Bin Hassan 2. ) Mohd Effendi Bin Mohd Taib 3. ) Mohd Ezizul Bin Mohd Taib

Wire & Wireless Sdn Bhd 1. ) Mohd Taib Bin Hassan 2. ) Mohd Effendi Bin Mohd Taib 3. ) Mohd Ezizul Bin Mohd Taib

Service of the writ complied with the parties' contractual mode and the Rules; the simultaneous filing of the certificate of non-appearance and affidavits satisfied Order 13 r.7 and the administrative sequence/encolure numbers are immaterial; the default judgment was therefore regular; defendants failed to...

Source-derived case information.

Citation
BA-22NCvC-335-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Wire & Wireless Sdn Bhd; Defendant: Mohd Taib bin Hassan; Defendant: Mohd Effendi bin Mohd Taib; Defendant: Mohd Ezizul bin Mohd Taib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2023
Case Number
BA-22NCvC-335-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil (writ) Debt Enforcement/guarantors / Judgment on Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed; default judgment upheld.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Time Limits for Applications, Affidavit Formalities, Contractual Service Clauses
Civil Procedure Contract Evidence Default Judgment Service of Process Setting Aside Judgment Time Limits for Applications Affidavit Formalities +1 more

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Parties

Wire & Wireless Sdn Bhd

Plaintiff

Mohd Taib bin Hassan

Defendant

Mohd Effendi bin Mohd Taib

Defendant

Mohd Ezizul bin Mohd Taib

Defendant

Procedural Posture

Civil (writ) Debt Enforcement/guarantors / Judgment on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of writ complied with contractual mode of service (Order 10 r.3)
  2. 2 Whether entry of default judgment complied with Order 13 r.7 (requirement of certificate of non-appearance and affidavit proving service)
  3. 3 Whether default judgment was irregular and should be set aside ex debito justitiae

Ratio Decidendi

Service of the writ complied with the parties' contractual mode and the Rules; the simultaneous filing of the certificate of non-appearance and affidavits satisfied Order 13 r.7 and the administrative sequence/encolure numbers are immaterial; the default judgment was therefore regular; defendants failed to demonstrate a defence on the merits; application to set aside is dismissed, though the court held the 30-day rule is not absolute and courts retain discretion to extend time in appropriate cases.

Court Disposition

Application to set aside default judgment dismissed; default judgment upheld.

Orders

  • Application to set aside the default judgment dismissed
  • Each defendant to pay costs of RM10,000 to the plaintiff