MBSB BANK BERHAD v 1. ) HIEW YEE SIN 2. ) HIEW LI LI
Catchwords
Civil Procedure — Judgments and orders — Appeal to judge in chambers — Setting aside, application for — Application filed beyond the 30-day time limit — Whether delay inordinate and inexcusable — Whether time should be abridged — Whether Writ was properly served — Whether default judgment was irregularly obtained — Contractual provision for service — Whether actual receipt required — Failure by defendants to update address — Whether defedants had raised defence on the merits — Allegation of third-party repayment arrangements — Absence of evidence — Tactical and deliberate non-participation until bankruptcy proceedings — Whether real prospect of success shown — Rules of Court 2012, O.10 r.3, O.12 r. 4(a), O.13 r.7, O.13 r.8, O.34 r.1(1)(b), O.42 r.13, O.56 r.1. Civil Procedure — Affidavit of Service — Alleged defect in electronic copy — Missing pages in PDF copy filed — Deputy Registrar did not require refiling — Original affidavit retained under O 63 r 13(4)(c) Rules of Court 2012 — Complete version later exhibited — Whether irregularity fatal to validity of judgment — Rules of Court 2012, O.62 r.9, O.63A r.13(4)(b), O.63A r.13(4)(c), & O.63A r.15(4).
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-157-02-2023)