Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside jid

Legal area

Court

27 Nov 2023

TECHWARE ENTERPRISE SDN BHD ONG CHEE SENG

Citation

PA-12ANCvC-29-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-29-06/2023 (Mahkamah Tinggi)

The High Court set aside the JID in its entirety because the Defendant demonstrated bona fide applications and produced a plausible meritorious defence raising triable issues that were not considered in the JID—notably potential deduction of LAD under s35 COVID-19 Act 2020 and force majeure/Clause 27 issues—such that the JID was entered without adjudication on merits and would unjustly enrich the Plaintiff; the matter must proceed to full trial and the Defendant given leave to appear and defend.
30 Aug 2023

CIMB ISLAMIC BANK BERHAD RUSDYANTO BIN AZHAR

Citation

WA-22M-20-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-20-01/2022 (Mahkamah Tinggi)

The JID, writ and statement of claim were validly served to the contractual addresses by registered post and the Defendant failed to rebut the presumption of service or to demonstrate change of address; the Defendant delayed unreasonably in seeking to set aside the JID and failed to file a draft defence or show any meritorious triable issue (including Ibra' which is inapplicable where termination follows default); accordingly the SAR's dismissal of the application to set aside the JID was correct and the appeal is dismissed with costs.