WONG CHEE WAH WONG CHEE SEONG

WONG CHEE WAH WONG CHEE SEONG

The application to set aside the default judgment was dismissed because the Plaintiff demonstrated due diligence in service (including substituted service permitted by the court), the substituted service complied with the order, and the Defendant failed to establish a bona fide, meritorious defence raising serious...

Source-derived case information.

Citation
AA-22NCvC-65-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Wong Chee Wah; Defendant: Wong Chee Seong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 June 2024
Case Number
AA-22NCvC-65-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Probate/will Dispute / Application to Set Aside Default Judgment; Default Judgment Previously Entered and Upheld
Outcome
Application to set aside the default judgment dismissed; default judgment upheld.
Legal Topics
Service of Process, Substituted Service, Setting Aside Default Judgment, Validity of Will, Forgery, Forensic Evidence, Costs
Civil Procedure Probate and Succession Evidence Service of Process Substituted Service Setting Aside Default Judgment Validity of Will Forgery +2 more

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Parties

Wong Chee Wah

Plaintiff

Wong Chee Seong

Defendant

Procedural Posture

Civil Suit Probate/will Dispute / Application to Set Aside Default Judgment; Default Judgment Previously Entered and Upheld

Legal Issues

  1. 1 Whether substituted and personal service of the writ complied with Rules of Court 2012 and the court order
  2. 2 Whether the writ was served within prescribed time under Order 10 Rule 1(1) of the Rules of Court 2012
  3. 3 Whether the Defendant demonstrated a meritorious defence to set aside a regular default judgment

Ratio Decidendi

The application to set aside the default judgment was dismissed because the Plaintiff demonstrated due diligence in service (including substituted service permitted by the court), the substituted service complied with the order, and the Defendant failed to establish a bona fide, meritorious defence raising serious issues to justify setting aside a regular default judgment; accordingly the default judgment and its substantive orders (including declaration of the Will's invalidity and revocation of probate) stand.

Court Disposition

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

Orders

  • Default judgment entered on 31 July 2023 is maintained.
  • Declaration that the deceased's last will and testament dated 13 September 2005 is invalid and ineffective.