UNIVERSITI SAINS MALAYSIA v 1. ) MOKHTAR BIN AWANG [NO. K/P: A1937673 (lama)/710710-11-5547 (baru)] 2. ) KU SHAARI BIN KU SAAD [NO. K/P: 3380300 (lama)/421020-02-5375 (baru)] 3. ) AHMAD FAUZI BIN RAMLI [NO. K/P: 6785651 (lama)/620710-11-5361 (baru)]
Catchwords
1 The pertinent facts span the period of 20 years. USM sued two of their students who were granted Fellowship scholarships. The students breached their respective Fellowship Agreements. 2 USM obtained default Judgments against the students. When USM executed the Judgments, the students negotiated to settled the debts due. As a result, the execution proceedings were called off. But a few years later, the students fell into default of the settlement arrangement. USM again executed the Judgments. This time, the students applied to set aside the default Judgments. 3 There is a review of the law relating to the setting aside of default Judgments. And there is an analysis of how the issue of delay bears upon the Court's decision whether to, or not to, set aside a default Judgment. 4 Here, the students (the Defendants) were less than forthright. An analysis of their averments against the evidence contained in the documentary evidence, discloses that the students' averments were not only incredible, but false. 5 Accordingly, the respective Applications to set aside the default Judgments were dismissed with costs.
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (2-611-2010)