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2018 MarsdenLR 3270
HIGH COURT MALAYA KUALA LUMPUR
AADITHYA CHAIN SDN BHD & ANOR – Appellant
Versus
STANDARD CHARTERED SAADIQ BERHAD – Respondent
[Civil Appeal No: WA-12AM-2-03/2018]
Petitioner Advocates:Mugunthan Vadiveloo ,Respondent Advocate: Fadil Azuwan Zainon
The court emphasized the necessity of procedural compliance and the validity of agreements under Shariah principles in upholding an appeal to set aside a default judgment.
Headnote:Statute Analysis: The appeal relates to the application for setting aside the judgment in default under O 42 r 13 and O 62 r 3 of the Rules of Court 2012. Facts of the Case: The Plaintiff claimed RM287,689.21 from Defendants based on an Islamic banking facility, which the Defendants argued was invalid due to missing agreements.
Findings of Court:
The court found merits in the Defendants' case and set aside the judgment.
Issues: The court addressed the delay in filing the application and the merits of the defense.
Ratio Decidendi: The court reasoned that compliance with procedural rules and merits of defense are critical; it is bound to respect the rules of Shariah as established.
Result: The judgment in default was set aside and the Defendants were allowed to file their defense.
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| 1. court allowed appeal against default judgment. (Para 1) |
[1] On 26 June 2018 this court allowed the appeal filed by the Defendant against the order of the Sessions court on 20 February 2018 (Order dated 20 February 2018) which dismissed the Defendants' Notice of Application (Encl 6) pursuant to O 42 r 13 read together with O 62 r 3 of the Rules of 2012 (RoC 2012) for, inter alia, the following orders:-
