Malaysia Case Law: Decisions & Judgments

Topic

Judgment in default of defence

Legal area

Court

22 Aug 2024

BERJAYA WATERFRONT SDN. BHD. 1. ) ANCHOR PUB SDN. BHD. 2. ) NALLATHAMBI A/L N SUPPIAN 3. ) S RAMAYAH A/L N SUPPIAH

Citation

JA-22NCvC-165-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-165-10/2022 (Mahkamah Tinggi)

Service by A.R. registered post was proper and acknowledged; the 3rd Defendant appeared earlier but failed to file a Statement of Defence and later failed to give satisfactory explanation for the 10-month delay; he did not demonstrate a prima facie meritorious defence; accordingly the application to set aside the Judgment in Default of Defence was dismissed and the JID upheld.
24 Aug 2023

YALEPERUMAL A/L PERUMAL 1. ) RAJINDRAN A/L D.KUPPUSAMY 2. ) PACHIMAL A/P PERUMAL

Citation

JA-22NCvC-55-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-55-04/2021 (Mahkamah Tinggi)

The JIDD was validly obtained because service by A.R. Registered Post was regular and acknowledged, ex‑parte leave to enter JIDD was appropriately granted upon failure of the defendants to enter appearance within the rules, the application to set aside JIDD was procedurally irregular (late/defective appearance and supporting affidavit deficiencies) and the defendants failed to demonstrate arguable merits; therefore the application to set aside was dismissed and costs awarded to the plaintiff.
26 Sept 2021

KEAT RECYCLE SDN. BHD. (COMPANY NO: 201801046150/1308182-M) S.K.T. GROUP SDN. BHD. (COMPANY NO: 533518-X)

Citation

JA-22NCvC-140-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-140-10/2020 (Mahkamah Tinggi)

The application to set aside the JID was dismissed because the writ was validly served at the defendant's registered address, there was no evidence of authority to accept service by solicitors, the defendant filed its defence late without leave and failed to show a meritorious defence, and the court was functus officio so the proper remedy was an appeal absent illegality, lack of jurisdiction or breach of natural justice.
19 Jun 2020

1. ) Dato' Lee Son Hong 2. ) Datin Too Sooi Keng Ambank Islamic Berhad

Citation

WA-22M-793-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-793-10/2019 (Mahkamah Tinggi)

The application to set aside the judgment in default of defence was dismissed because the 2nd and 3rd Defendants failed to demonstrate a prima facie defence on the merits; their reliance on solicitor's advice was not a valid ground; the Plaintiff's certificate of indebtedness, supported by the guarantees' conclusivity clauses and authorities, established the liability and shifted the burden to the defendants to show manifest error, which they did not do.

Malaysia Case Law

BERJAYA WATERFRONT SDN. BHD. 1. ) ANCHOR PUB SDN. BHD. 2. ) NALLATHAMBI A/L N SUPPIAN 3. ) S RAMAYAH A/L N SUPPIAH

YALEPERUMAL A/L PERUMAL 1. ) RAJINDRAN A/L D.KUPPUSAMY 2. ) PACHIMAL A/P PERUMAL

KEAT RECYCLE SDN. BHD. (COMPANY NO: 201801046150/1308182-M) S.K.T. GROUP SDN. BHD. (COMPANY NO: 533518-X)

1. ) Dato' Lee Son Hong 2. ) Datin Too Sooi Keng Ambank Islamic Berhad