PUBLIC FINANCE BERHAD V ZAINAL BIN OSMAN T/A PUTERA FOTOT STUDIO
- Citation
- PUBLIC FINANCE BERHAD V ZAINAL BIN OSMAN T/A PUTERA FOTOT STUDIO
- Court
- Malaysian court
The writ action was founded on the loan agreement and not on enforcement of a registered charge; therefore Order 83 r.4(1) did not apply and no leave was required. The defendant failed to adduce any affidavit evidence of a defence on the merits to the claim based on the loan agreement, so the registrar correctly dismissed the application to set aside the default judgment; the appeal was dismissed with costs.