Malaysia Case Law: Decisions & Judgments

Topic

Affidavit of merits

Legal area

Court

4 Nov 2025

AUNG HLAING WIN 1. ) XUANDE MINING SDN BHD 2. ) STEPHEN LIM SIN CHYE

Citation

JA-22NCvC-71-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-71-06/2024 (Mahkamah Tinggi)

Defendants failed to show any reasonable or evidential excuse for their delay, their defence filed after judgment was a bare, evasive statement that did not disclose any triable issue, the application to set aside was not promptly filed (almost three months delay) and allowing the application would prejudice the plaintiff; accordingly the court refused to exercise its discretion to set aside the regularly obtained default judgment and dismissed the application with costs of RM3,000.
22 Jan 2025

SELVAKUMARAN A/L GANASEN 1. ) SAKTHIVEL NAGALINGAM 2. ) JOSEPH A/L SEBESTIAN 3. ) TETUAN AMRAN JOSEPH, CHAN & CO.

Citation

BL-23NCvC-3-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BL-23NCvC-3-06/2024 (Mahkamah Tinggi)

The default judgment entered against Defendants 2 and 3 was regularly obtained at the e-Review; the applicants failed to demonstrate a prima facie/arguable defence by affidavit and their explanations for late filing (clerical error and attendance at Court of Appeal) were unreasonable, particularly because they are legally qualified and aware of procedural obligations. Accordingly the application to set aside the default judgment is dismissed and costs awarded to the plaintiff.
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.
29 Jan 2024

RAJJIT SINGH A/L RANJODH SINGH HARVENDER SINGH A/L DALBIR SINGH

Citation

BL-22NCC-3-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCC-3-02/2023 (Mahkamah Tinggi)

Court held service of the writ and statement was regular (including substituted service) and the default judgment was regularly obtained; defendant failed to demonstrate a prima facie meritorious defence and had changed his recorded address after judgment, therefore the application to set aside the default judgment was dismissed with costs of RM3,000.
20 Mar 2023

NPG GLOBAL PTE. LTD. MALAYSIAN GERMAN RESOURCES SDN. BHD.

Citation

WA-22NCC-245-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-245-06/2022 (Mahkamah Tinggi)

The application was dismissed because it was filed out of time without satisfactory reasons to justify an extension and, independently, the Defendant failed to demonstrate a bona fide defence or triable issues; the default judgment was regularly obtained and the contractual documents placed responsibility for supply and delivery on the Defendant; the Defendant's partial refund and correspondence amounted to acknowledgement of liability in respect of the deposit; costs awarded to Plaintiff RM3,000.
31 Oct 2022

AZEMAN BIN MOHAMED 1. ) ZAHMIA MAJU ENTERPRISE 2. ) MOHAMED AFENDI BIN MOHD AJIB 3. ) HASNI BINTI ENEK 4. ) NG WEE HENG

Citation

CB-A72NCvC-10-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-A72NCvC-10-04/2022 (Mahkamah Majistret)

The court found service of the writ was regular and effective; Defendants (2) and (3) failed to disclose a prima facie meritorious defence and did not produce the alleged Forestry Department letter as an exhibit; accordingly the application to set aside the default judgment dated 23/6/2022 was dismissed and costs of RM1000 were awarded to the plaintiff.
27 Jun 2022

1. ) SUTHAHAR A/L SELVARAJ 2. ) HANURATHA A/P THAMIL SELVAN KASTURY A/P ANAGAPAN

Citation

NA-A52NCvC-57-10/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A52NCvC-57-10/2021 (Mahkamah Sesyen)

Service to defendant was proved by A.R. registered post and tracking; default judgment entered 06/12/2021 was regular; defendant failed to file any draft defence or affidavit demonstrating a prima facie meritorious defence and failed to file the application within the 30-day period or to seek an extension of time; accordingly the application to set aside the default judgment is dismissed and costs are awarded to plaintiffs.
29 Mar 2022

THANAPATHY A/L KUMARAIAH RAVI A/L RAMASWAMI

Citation

BA-22NCvC-319-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-319-07/2019 (Mahkamah Tinggi)

The court found service to have been valid despite the defendant’s refusal to accept documents and that the defendant had constructive notice of the judgment by the time of the bankruptcy notice; the defendant failed to explain the delay beyond the statutory period and his proposed defence was a sham lacking a real prospect of success; accordingly the application to set aside the default judgment was dismissed and costs awarded to the plaintiff.
23 Feb 2022

Xin He Feng (M) Sdn. Bhd. Ginma Industries Sdn. Bhd.

Citation

JB-11A-2-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-11A-2-09/2021 (Mahkamah Tinggi)

Service was validly effected at the registered address shown on the SSM search certificate; Section 7 of the Temporary Measures Act did not apply because its Part II expired 31 December 2020; the appellant failed to demonstrate a bona fide arguable defence or satisfactory explanation for non-appearance and failed to rebut the public document (SSM); therefore the magistrate’s refusal to set aside the judgment-in-default was not plainly wrong and the appeal is dismissed.
5 Nov 2021

YAP HAI SEONG [NO. K/P: 770602065671] ANJUNG MEDICLEAN SDN BHD [NO. PENDAFTARAN: 1176477-T]

Citation

CA-A72NCvC-215-11/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-215-11/2020 (Mahkamah Majistret)

The court exercised its discretionary power under O.13 r.8 to set aside the default judgment because the defendant provided a satisfactory explanation that the Memorandum of Appearance was filed within time but not processed due to clerical error, acted bona fide, and filed an affidavit plus a draft defence showing an arguable triable issue; accordingly the default judgment was set aside and the plaintiff's amendment application was struck out.