Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Service and sealing of orders
  • 15 Dec 2020

    PALANIANDY A/L SADAYAN AAKASH GREEN ENERGY SDN BHD

    Citation
    WA-12ANCVC-154-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12ANCVC-154-07/2020 (Mahkamah Tinggi)

    The Default Judgment was regularly obtained because the High Court order took effect on the date it was pronounced and time to file a defence to the counterclaim ran from service of that counterclaim; the respondent complied with procedural notice requirements and the counterclaim was a liquidated demand permitting entry of final judgment in default; the appellant did not disclose any defence on the merits nor explain the delay; therefore the Sessions Court's refusal to set aside the Default Judgment was correct and the appeal is dismissed.