Nadin Management Sdn. Bhd. v Phang Kui Hua (BC-A52NCvC-33-11/2024)

Sessions Court of Malaysia18 Apr 2025

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22/05/2025 10:27:14 BC-A52NCvC-33-11/2024 Kand. 28 S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ S/N ytzeRAYtuEOB0ybjjdqNyQ

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Malaysian judgment

Case metadata

Court: Sessions Court of Malaysia
Decision date: 18 Apr 2025
Case number: BC-A52NCvC-33-11/2024
Coram: Datin Fadzlin Suraya bt. Dato' Mohd Suah
Practice area: [1] The defendant filed an application pursuant to Order 13 Rule 8 and Order 92 Rule 4 of the Rules of Court 2012 to set aside judgment in default of appearance (JID) entered against her on 8 January 2025 (Enclosure 11) and the inherent jurisdiction of the court to stay the execution of the judgment in default until Enclosure 11 is disposed. [2] This Court on 18 April 2025 had dismissed the defendant’s application with costs. Salient Facts [3] The plaintiff initiated this action against the defendant to claim for outstanding tenancy rental and other costs, including late payment interest and repairing work. It is undisputed that the plaintiff and defendant entered into a tenancy agreement dated 19 September 2023 to rent a premise at Lot G13A, Ground Floor, Ampang Point Shopping Centre, Jalan Mamanda 3, Ampang Point, 68000 Ampang, Selangor for a two-year term from 15 October 2023 on a monthly rental of RM 13,000.00. Conclusion [20] For the reasons discussed in the foregoing, it is the Court’s finding that the defendant had not succeeded, on a balance of probabilities, in establishing her case to have the judgment in default set aside. Service of the writ and the statement of claim on the defendant was regular, and the defendant has no defence on the merits. [21] The defendant’s application in Enclosure 11 was accordingly dismissed with costs of RM 4,000.00
Version: Alasan Penghakiman 1
Published: 22 May 2025
Source ID: 44dedcca-2d06-43b8-81d3-26e38dda8dc9

Catchwords

[1] The defendant filed an application pursuant to Order 13 Rule 8 and Order 92 Rule 4 of the Rules of Court 2012 to set aside judgment in default of appearance (JID) entered against her on 8 January 2025 (Enclosure 11) and the inherent jurisdiction of the court to stay the execution of the judgment in default until Enclosure 11 is disposed. [2] This Court on 18 April 2025 had dismissed the defendant’s application with costs. Salient Facts [3] The plaintiff initiated this action against the defendant to claim for outstanding tenancy rental and other costs, including late payment interest and repairing work. It is undisputed that the plaintiff and defendant entered into a tenancy agreement dated 19 September 2023 to rent a premise at Lot G13A, Ground Floor, Ampang Point Shopping Centre, Jalan Mamanda 3, Ampang Point, 68000 Ampang, Selangor for a two-year term from 15 October 2023 on a monthly rental of RM 13,000.00. Conclusion [20] For the reasons discussed in the foregoing, it is the Court’s finding that the defendant had not succeeded, on a balance of probabilities, in establishing her case to have the judgment in default set aside. Service of the writ and the statement of claim on the defendant was regular, and the defendant has no defence on the merits. [21] The defendant’s application in Enclosure 11 was accordingly dismissed with costs of RM 4,000.00

Parties

NADIN MANAGEMENT SDN. BHD. - plaintiff - ejudgment_parties
PHANG KUI HUA - defendant - ejudgment_parties

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