FAMILY PRODUCTS SDN. BHD. v CANPAC SDN. BHD.

aa-12a-26-11-2024 High Court (Mahkamah Tinggi) 6 August 2025 • AA-12A-26-11/2024

Catchwords

CIVIL APPEAL : Judgment in default of appearance - Application to set aside - Regular judgment - Defence on the merits – Delay - Judgment in default was regularly obtained following proper service of the writ - Appellant failed to disclose a bona fide defence on the merits; alleged pricing dispute based on LME movements was unsupported by contractual evidence and contradicted by acceptance of goods and part-payment - No satisfactory explanation was offered for the delay in filing the setting-aside application - The Sessions Court correctly applied the law and exercised its discretion - Appeal dismissed.

Practice Areas

Civil Procedure

Judges (1)

Abdul Wahab bin Mohamed Delivered

Parties (2)

CANPAC Sdn Bhd Respondent FAMILY PRODUCTS Sdn Bhd Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-12a-26-11-2024)