12 Dec 2022
PRAVEEN RAM A/L SRI RAM DEVARAJAN SHIVAKUMAR
- Citation
- WA-12ANCvC-251-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-251-08/2022 (Mahkamah Tinggi)
The substituted service was made pursuant to an unset aside court order and therefore regular; defendants filed the application to set aside the default judgment after an inordinate unexplained delay of four years and failed to demonstrate a meritorious defence; although the court accepted that the plaintiff relied on newly discovered fraud facts (so limitation did not bar the claim), the delay and the defendants' knowledge of the proceedings fatally undermined their application. Hence the appeal was dismissed and the lower court's decision was upheld with costs.