8 Feb 2024
FAR EAST KUCHAI DEVELOPMENT SDN BHD STRATEGIC CHAMP SDN BHD
- Citation
- WA-22NCvC-302-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-302-06/2023 (Mahkamah Tinggi)
The default judgment dated 23.8.2023 was set aside because the Plaintiff failed to prove service in accordance with Order 10 Rule 1(1) RoC; absence of AR Registered postcards was fatal and, following the Federal Court authority, posting alone did not prove service; therefore the judgment was irregularly obtained and must be set aside ex debito justitiae. The Court ordered costs in the cause and directed the Defendant to file its Defence and the Plaintiff may file a Reply, with the matter to proceed to trial.