8 Sept 2020
JAMES THEOPHILUS FREDERICKS (NRIC NO: 480706-05-5069) 1. ZAINUDDIN BIN BAHARUDDIN (NRIC NO: 600908-10-6497) …1st DEFENDANT 2. PELOPOR DINAMIK SDN BHD (COMPANY NO.: 314189-V) …2nd DEFENDANT
- Citation
- WA-24NCC-99-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-99-02/2020 (Mahkamah Tinggi)
The originating summons was dismissed because the applicant failed to prove that the Judgment in Default was null and void for illegality such that the Court should invoke its inherent jurisdiction under Badiaddin; limitation is procedural and was not pleaded (constituting waiver/estoppel), the circumstances did not amount to the exceptional defiance of a substantive statutory prohibition required to set aside a regular high court judgment, and the proper remedies lay in the original suit or by appeal; accordingly the inherent jurisdiction was not exercised to disturb the JID.