Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Regularity of judgment

Legal area

Court

5 Jul 2024

ANTAH PHARMA SDN BHD 1. ) ALSYIFAA PHARMACORP SDN BHD 2. ) ROZITA BINTI ISMAIL 3. ) ABD AZIZ BIN JAMALUDIN PIHAK KETIGA 1. ) Muhamad Sazali Bin Mohamed Saman 2. ) DYNAMIC PHARMASHOPPE & HEALTHCARE SDN. BHD 3. ) MS PHARMACY PLT

Citation

CB-A72NCC-76-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-A72NCC-76-12/2022 (Mahkamah Majistret)

Defendants Two and Three had received or had knowledge of the default judgment; they failed to provide any satisfactory explanation for filing out of time and failed to disclose a prima facie meritorious defence; the default judgment was regular; accordingly the application for leave to file out of time and to set aside the default judgment is dismissed.
30 Mar 2022

CREDIT GURANTEE CORPORATION MALAYSIA BERHAD GREEN TECHONOLOGIES SDN BHD (DAHULUNYA DIKENALI SEBAGAI (“FLYING SURPLUS SDN BHD”)

Citation

22-489-2010 (Mahkamah Tinggi)
Court

High Court
Case number

22-489-2010 (Mahkamah Tinggi)

The Court held the default judgment was regularly obtained because service complied with the express contractual service clause; Defendant 3 failed to provide a reasonable explanation for the long delay in applying to set aside the judgment and failed to disclose a prima facie meritorious defence (fraud/misrepresentation allegations related to a co-defendant were insufficient). Accordingly the application to set aside the default judgment was dismissed with costs.