Cai Yun Xing v TAN QI GUANG
Catchwords
Keywords: Set aside the Judgment In Default of Appearance (JID) by the Defendant – loan agreement – bankruptcy proceedings – mode of service – regular or irregular – leave to be obtained for late appearance after judgments and out of time – Order 12 rule 5 of the Rules of Court 2012 – is necessary to file a defence – application to set aside the JID must be filed and served on the Plaintiff within 30 days from the date the judgment is received. Order 42 rule 13 of the Rules of Court 2012 – the Defendant filed six (6) years later without explanation – abuse of Court’s process – ought to be dismissed on this ground along – purpose of completeness – views on other issues raised – ordinary postal rule as sufficient service – email transmission need – meritorious defence – not supported by factual evidence – triable issues and not merely show a prima facie defence.
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-325-05-2019)