PERINTIS AMANAH BERHAD v ABD WAHAB BIN ARIFIN

ba-12ancvc-73-12-2024 High Court (Mahkamah Tinggi) 13 May 2025 • BA-12ANCvC-73-12/2024 • 10 min read

16 cases cited (0 SG, 16 foreign)

Catchwords

This appeal arises from a scenario all too familiar in civil litigation: a judgment in default is swiftly entered by one party against another. The party against whom the default judgment is entered will then seek the court’s intervention to have it set aside and for the matter to be adjudicated on the merits. When faced with such applications, the courts must walk a careful line: on one hand, upholding procedural discipline; on the other, ensuring that justice is not sacrificed at the altar of technicality. While the Rules of Court 2012 empower the courts to set aside default judgments, this discretion is not unfettered. It must be exercised judiciously, in accordance with well-settled legal principles and the unique facts of each case. This appeal is a testament to that delicate judicial balancing act. At the heart of this appeal lies a singular, overarching question: should this Court intervene and overturn the decision of the Sessions Court in refusing to set aside a judgment in default entered against the Appellant/Defendant?

Judges (1)

Choong Yeow Choy Delivered

Counsel (4)

Gan, Lee & Tan Firm Tengku Amalin & Faizi Firm Jacyn Tan Ze Xin Counsel Appellant Nur Iffah Hizwani Omar Counsel Respondent

Parties (2)

PERINTIS AMANAH BERHAD Appellant Abd Wahab bin Arifin Respondent

Case Significance

PERINTIS AMANAH BERHAD v ABD WAHAB BIN ARIFIN is a High Court (Mahkamah Tinggi) decision dated May 13, 2025 (citation: ba-12ancvc-73-12-2024). The case was decided by Choong Yeow Choy.

What was the outcome of PERINTIS AMANAH BERHAD v ABD WAHAB BIN ARIFIN?

PERINTIS AMANAH BERHAD v ABD WAHAB BIN ARIFIN is a High Court decision dated May 13, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (16)

UK (1)

[1937] AC 473

MY (15)

[1975] 1 MLRH 319 [1976] 1 MLJ 78 [1977] 1 MLRH 152 [1978] 2 MLJ 160 [1983] 1 MLRH 70 [1983] 2 CLJ 273 [1984] 2 MLJ 223 [1999] 1 MLRH 287 [1999] 2 CLJ 51 [1999] MLJU 103 [2003] 4 CLJ 533 [2003] 4 MLJ 647 [2012] 10 MLJ 611 [2012] 5 MLRH 1 [2012] 6 CLJ 394

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12ancvc-73-12-2024)