13 May 2022
CREATIVE REPUBLIC SDN BHD 1. ) JASMIN BIN SAMION 2. ) LYNNETTE TANG EE LYN
- Citation
- BA-B52NCvC-57-02/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BA-B52NCvC-57-02/2019 (Mahkamah Sesyen)
The court held the ex‑parte leave was valid because the plaintiff complied with Aturan 52 KKM and the papers were in order; the defendant had knowledge of the draft order and the penal warning and failed to comply, and the failure to effect earlier personal service did not prejudice the defendant. The question whether committal is appropriate for a monetary judgment with penal warning is a matter for the High Court while the defendant's appeal remains pending, so the setting aside application was dismissed and committal proceedings were deferred pending the High Court decision.