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)
Case Significance
MBSB BANK BERHAD v 1. ) HIEW YEE SIN 2. ) HIEW LI LI is a High Court (Mahkamah Tinggi) decision dated July 10, 2025 (citation: wa-22m-157-02-2023). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of MBSB BANK BERHAD v 1. ) HIEW YEE SIN 2. ) HIEW LI LI?
MBSB BANK BERHAD v 1. ) HIEW YEE SIN 2. ) HIEW LI LI is a High Court decision dated July 10, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-157-02-2023)