Malaysia Case Law: Decisions & Judgments

Topic

Judgment-in-default

Legal area

Court

13 Dec 2021

LIM PEI YING LIM HUI TING

Citation

JB-11BNCVC-3-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-11BNCVC-3-03/2021 (Mahkamah Tinggi)

The appellant failed to demonstrate special circumstances relating to enforcement of the judgment that would justify a stay; the judgment-in-default had been affirmed and there was no plausible reason to deprive the respondent of the fruits of litigation, particularly for a monetary judgment, therefore the stay and setting aside of the writ were refused and the appeal dismissed.
17 Nov 2021

LIM PEI YING LIM HUI TING

Citation

JB-11ANCVC-3-04/2021 (ENCLOSURE 17) (Mahkamah Tinggi)
Court

ENCLOSURE 17
Case number

JB-11ANCVC-3-04/2021 (ENCLOSURE 17) (Mahkamah Tinggi)

The Notice of Appeal was filed and served after the 14-day statutory period and no admissible and satisfactory evidence justified the delay; the affidavit of the appellant's solicitor (Enclosure 7) was inadmissible because it addressed contentious matters and lacked supporting medical evidence; the extension application was filed only after the respondent moved to strike out and did not provide good reasons for delay; therefore the appeal was incompetent for want of jurisdiction and must be dismissed in limine.
17 Nov 2021

LIM PEI YING LIM HUI TING

Citation

JB-11ANCVC-3-04/2021 (ENCLOSURE 1) (Mahkamah Tinggi)
Court

ENCLOSURE 1
Case number

JB-11ANCVC-3-04/2021 (ENCLOSURE 1) (Mahkamah Tinggi)

Notice of Appeal was filed and served after the 14-day statutory period and, because the supporting affidavit affirmed by the appellant's solicitor was inadmissible and no admissible reasons of sufficient gravity were provided for the delay, the application for extension of time was refused; accordingly the appeal was incompetent for lack of jurisdiction and dismissed in limine.
10 Sept 2020

FARIDAH BINTI MD. LAZIM (NO. K/P :xxxxxx-xx-xxxx) (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM (No. K/P :xxxxxx-xx-xxxx) EDHAM BIN ABD GHANI (NO. K/P : XXXXXX-XX-XXXX) (as the lawful Administrator to the estate of ABDUL

Citation

JB-24NCVC-410-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-24NCVC-410-11/2019 (Mahkamah Tinggi)

Service by A.R. registered post was not proven to comply with Order 10 r.1 endorsement requirements and the defendant only received the papers after the judgment‑in‑default was entered; therefore the defendant was denied the right to be heard and the judgment‑in‑default of appearance (Enclosure 6) was set aside (Enclosure 7 allowed).

Malaysia Case Law

LIM PEI YING LIM HUI TING

LIM PEI YING LIM HUI TING

LIM PEI YING LIM HUI TING

FARIDAH BINTI MD. LAZIM (NO. K/P :xxxxxx-xx-xxxx) (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM (No. K/P :xxxxxx-xx-xxxx) EDHAM BIN ABD GHANI (NO. K/P : XXXXXX-XX-XXXX) (as the lawful Administrator to the estate of ABDUL