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2021 MarsdenLR 1580

HIGH COURT SABAH & SARAWAK KOTA KINABALU
FREELANDER TECH INTERNATIONAL SDN BHD & ORS – Appellant
Versus
SERBA MAHIR SDN BHD – Respondent


Petitioner Advocates:Serena Liew ,Respondent Advocate: Irene Vitus

JUDGMENT

Wong Siong Tung JC:

Introduction

[1] The 1st, 2nd and 3rd Appellants are the 1st, 2nd and 3rd Defendants respectively in the Sessions Court Suit No. BKI-B52NCvC-55/7- 2018(SC1) (hereinafter referred to as "the Sessions Court Action") and whereas the Respondent is the Plaintiff therein.

[2] This is an appeal by the Appellants against the decision of the Sessions Court made on 17 April 2020 which dismissed the Appellants' Notice of Application dated 19 December 2019 for extension of time to make the application to set aside and also to set aside a Consent Judgment entered on 12 October 2018 in the Sessions Court Action.

[3] The Consent Judgment was entered against the Appellants for the payment to the Respondent of a sum of RM293,386.20 claimed by the Respondent (as the Plaintiff) against the Appellants (as the Defendants) in the Sessions Court Action.

[4] It has not been specifically denied by the Appellants that they have themselves agreed for the Consent Judgment to be entered on 12 October 2018 in the Sessions Court Action. It is also not specifically disputed by the Appellants that thereafter, they had even made some monthly instalments under the Consent Judgment after it was


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