PERINTIS AMANAH BERHAD v 1. ) CLIFTON HEATH FERNANDEZ 2. ) WONG KHEE BIN
Catchwords
1. This appeal arises from a not uncommon scenario in civil procedure, where a judgment in default has been entered against a defendant, who thereafter seeks to have it set aside. 2. The Respondents/Plaintiffs in the court below commenced an action against three defendants. The Respondents/Plaintiffs subsequently withdrew their claim against the First Defendant. Judgments in default were thereafter entered against the Second and Third Defendants. The present appeal concerns the application by the Second Defendant to set aside the default judgment entered against it. That application was dismissed by the Sessions Court with costs of RM3,000.00, giving rise to the present appeal by the Appellant (the Second Defendant in the court below). The default judgment against the Third Defendant is not in issue in this appeal.
Practice Areas
1. This appeal arises from a not uncommon scenario in civil procedure, where a judgment in default has been entered against a defendant, who thereafter seeks to have it set aside. 2. The Respondents/Plaintiffs in the court below commenced an action against three defendants. The Respondents/Plaintiffs subsequently withdrew their claim against the First Defendant. Judgments in default were thereafter entered against the Second and Third Defendants. The present appeal concerns the application by the Second Defendant to set aside the default judgment entered against it. That application was dismissed by the Sessions Court with costs of RM3,000.00, giving rise to the present appeal by the Appellant (the Second Defendant in the court below). The default judgment against the Third Defendant is not in issue in this appeal.
Judges (1)
Case Significance
PERINTIS AMANAH BERHAD v 1. ) CLIFTON HEATH FERNANDEZ 2. ) WONG KHEE BIN is a High Court (Mahkamah Tinggi) decision dated August 24, 2025 (citation: ba-12ancvc-79-12-2024). The case was decided by Choong Yeow Choy.
Key issues: 1. This appeal arises from a not uncommon scenario in civil procedure, where a judgment in default has been entered against a defendant, who thereafter seeks to have it set aside..
What was the outcome of PERINTIS AMANAH BERHAD v 1. ) CLIFTON HEATH FERNANDEZ 2. ) WONG KHEE BIN?
PERINTIS AMANAH BERHAD v 1. ) CLIFTON HEATH FERNANDEZ 2. ) WONG KHEE BIN is a High Court decision dated August 24, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.