Malaysia Case Law: Decisions & Judgments

Topic

Defence on merits

Legal area

Court

14 May 2025

PERINTIS AMANAH BERHAD ABD WAHAB BIN ARIFIN

Citation

BA-12ANCvC-73-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-73-12/2024 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the affidavit of service showed the default judgment was regularly obtained; the appellant failed to provide a cogent explanation for the delay in applying under Order 42 r13 and failed to establish a meritorious/triable defence; setting aside would cause prejudice not remedied by costs. Appeal dismissed with costs of RM5,000 to respondent.
15 Nov 2022

Tenaga Nasional Berhad Goh Kean Teong

Citation

JA-A72NCvC-1332-11/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-1332-11/2021 (Mahkamah Majistret)

The substituted service and service by registered post were found to be regular and were not separately challenged; the defendant failed to disclose a meritorious defence because documentary evidence (application for supply and tenancy documents) supported the plaintiff's case and the defendant's assertions amounted to bare denials; there was no proven delay in bringing the application. Therefore the application to set aside the default judgment is dismissed with costs.
26 Jul 2022

POOK SOUTH CHOONG 1. ) TAI YEW ON 2. ) TAI KIM FUNG 3. ) CHEE KING SENG 4. ) CHEE KING CHONG 5. ) LEE MEI CHUE 6. ) LEE SIEW CHAI

Citation

BA-12ANCvC-140-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-140-12/2020 (Mahkamah Tinggi)

The High Court held the JID was regularly obtained because cause papers were brought to the defendant’s attention by personal service and at his admitted addresses; the defendant failed to satisfactorily explain an eight‑month delay in applying to set aside the JID; and the proposed defence was a sham lacking evidence to rebut payment records, therefore the application to set aside and the appeal were dismissed with costs.
6 Jan 2020

SENSINI MARKETING SDN BHD HONG DA FESYEN SDN BHD

Citation

PA-12ANCC-3-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-3-03/2019 (Mahkamah Tinggi)

The High Court held the omission to exhibit a draft statement of defence was not fatal; the Respondent's affidavit and exhibits (photographs, messages, debit note) disclosed a prima facie defence that some goods were rejected and that part payments had not been accounted for, therefore the Sessions Court's order setting aside the Judgment in Default was correct and the appeal was dismissed.

Malaysia Case Law

PERINTIS AMANAH BERHAD ABD WAHAB BIN ARIFIN

Tenaga Nasional Berhad Goh Kean Teong

POOK SOUTH CHOONG 1. ) TAI YEW ON 2. ) TAI KIM FUNG 3. ) CHEE KING SENG 4. ) CHEE KING CHONG 5. ) LEE MEI CHUE 6. ) LEE SIEW CHAI

SENSINI MARKETING SDN BHD HONG DA FESYEN SDN BHD