FIRDAUS WONG WAI HUNG v CHE IBRAHIM MOHAMED

da-23cy-2-05-2025 High Court (Mahkamah Tinggi) 23 June 2026 • DA-23CY-2-05/2025

Catchwords

Civil Procedure — Setting aside judgment after full trial — Application under O 35 r 2 Rules of Court 2012 — Judgment entered after defendant failed to enter appearance, file defence and attend trial — Whether service of writ and statement of claim validly effected on defendant's son at defendant's residential address — Whether defendant had actual notice of trial date — Whether absence at trial attributable to accident or mistake — Whether delay in filing application satisfactorily explained — Whether proposed defence disclosed real prospects of success — Applicable principles governing setting aside of judgment obtained after full trial — Public interest in finality of litigation — Whether court should exercise discretion to reopen concluded proceedings

Practice Areas

Civil Procedure

Judges (1)

Shamsul Bahrin bin Abdul Manaf Delivered

Parties (2)

Che Ibrahim Mohamed Defendant Firdaus Wong Wai Hung Plaintiff

Judgment

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Read on eJudgment

Source: eJudgment (da-23cy-2-05-2025)