PERINTIS AMANAH BERHAD v 1. ) CLIFTON HEATH FERNANDEZ 2. ) WONG KHEE BIN

ba-12ancvc-79-12-2024 High Court (Mahkamah Tinggi) 24 August 2025 • BA-12ANCvC-79-12/2024 • 8 min read

21 cases cited (0 SG, 21 foreign)

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.

Judges (1)

Choong Yeow Choy Delivered

Counsel (4)

Gan, Lee & Tan Firm Sandosh Anandan Firm Azad Akbar Khan Counsel Appellant Sandosh J N Anandan Counsel Respondent

Parties (3)

PERINTIS AMANAH BERHAD Appellant Clifton Heath Fernandez Respondent Wong Khee bin Respondent

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.

Statutes Cited

Rules of Court 2012

Cases Cited (21)

MY (21)

[1988] 1 MLRH 639 [1988] 2 CLJ 808 [1989] 1 MLJ 60 [1994] 1 AMR 297 [1994] 1 CLJ 328 [1994] 1 MLJ 312 [1996] 3 MLRH 361 [1996] MLJU 170 [1997] 2 MLJ 565 [1997] 3 AMR 2458 [1997] 3 CLJ 305 [1997] 4 CLJ 759 [2008] 3 AMR 28 [2008] 4 CLJ 175 [2008] 5 MLJ 112 [2014] 11 MLJ 422 [2015] AMEJ 630 [2020] MLJU 883 [2021] 1 MLRH 223 [2021] AMEJ 2108 [2021] MLJU 3034

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12ancvc-79-12-2024)