MAYBANK ISLAMIC BERHAD v 1. ) MEMORI JAYA SDN BHD 2. ) ALPHA MASTER (M) SDN BHD 3. ) TAN ENG SIANG 4. ) LIN, YEN-HUNG

pa-22m-112-07-2024 High Court (Mahkamah Tinggi) 23 October 2025 • PA-22M-112-07/2024

Catchwords

Application to set aside judgment in default of appearance – whether judgment in default duly served on the Ddfendants - whether the application to set aside was made in compliance with O.42 r.13 ROC 2012, i.e. within thirty (30) days from date of receipt thereof - if no, whether application for extension of time to file the same was made by the defendants with reasons for delay averred in the affidavit in support - an application to set aside a judgment in default obtained, be it regular or otherwise, it must be done timeously – meaning of timeously or within reasonable time – whether failure to file application for extension of time and failure to explain delay of five (5) months from date of receipt of judgment in default amount to defendants guilty of laches and their conduct not bona fide

Practice Areas

Civil Procedure

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (5)

ALPHA MASTER Sdn Bhd Defendant MAYBANK ISLAMIC BERHAD Plaintiff MEMORI JAYA Sdn Bhd Defendant Lin, Yen-hung Defendant Tan Eng Siang Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-22m-112-07-2024)