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2023 MarsdenLR 2017

HIGH COURT MALAYA SHAH ALAM
CENTURY DISCOVERY SDN BHD & ORS – Appellant
Versus
NBL LAND DEVELOPMENT SDN BHD – Respondent


Petitioner Advocates:Lim Sze Huei ,Respondent Advocate: Susielan K Thambippillay

Table of Content
1. setting aside default judgment conditions (Para 1 , 2 , 3)
2. amendments to appeal provisions (Para 4 , 5 , 6)
3. competence of appeal and judgment grounds (Para 7)
JUDGMENT

(Setting Aside Default Judgment)

Tee Geok Hock J:

Introduction

[1] On 23 June 2023, this Court allowed the Defendant's Liquidator's application in encl 7 and set aside the judgment in default of appearance which was obtained by the Plaintiff against the Defendant on 11 December 2020.

[2] When delivering the said decision dated 23 June 2023 this Court also stated that among others the summarised reasons for the decision to set aside the default judgment included (but are not limited to) the following:

(1) ''It is settled law that a judgment in default can be set aside as of right ex debito justitiae, irrespective of merits, if it was irregularly obtained and that a judgment in default which was regularly obtained can be set aside where a triable defence on merits is shown.

(2) In the present case, the Defendant has given satisfactory reasons and justification for the length of time the Defendant's Liquidator has taken to investigate and gather evidence on the matter and to prepare and file the applicati

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