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2018 MarsdenLR 2050

HIGH COURT MALAYA JOHOR BAHRU
O & G OFFSHORE SDN BHD – Appellant
Versus
MTC WORLD SDN BHD – Respondent


Petitioner Advocates:Shua Yee Hann,Nicole (PDK) ,Respondent Advocate: Chan Kah Yee

Table of Content
1. appeal against default judgment dismissal. (Para 1 , 2 , 3)
2. judgment's irregularity and principles discussed. (Para 4 , 5 , 6)
3. claims and performance issues raised by appellant. (Para 7)
4. appellant's arguments regarding claims against the respondent. (Para 8 , 9 , 10 , 11)
5. requirements for showing a defense on merits. (Para 12 , 13 , 14 , 28)
6. service of process requirements and addresses. (Para 15 , 16 , 18 , 19)
7. courts’ handling of service issues. (Para 20 , 21 , 22)
8. validity of the registered address for service. (Para 23 , 24 , 25)
9. standards for showing defence on the merits. (Para 26 , 27)
10. higher standard for defenses against regular judgments. (Para 29 , 30 , 31)

[1] This was an appeal against a decision of the Registrar of the Sessions Court delivered on 10 April 2018 in dismissing an application to set aside a Judgment in default of appearance dated 1 February 2017 obtained by the Respondent.

[2] It was submitted that the Registrar had decided that the Judgment in default was regular as the Writ and Statement of Claim had been properly served, and that no reason had been shown for the delay in making the application.

[3] The Appellant mainta

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