JUDGMENT

Nor Izzati Zakaria M:

(Enclosure 21)

Introduction

[1] The defendant, vide encl 21, filed an application to strike out the judgment in default entered against him pursuant to O 42 r 13 of the Rules of 2012 (herein referred to as "the ROC 2012"). The plaintiff objected the application. After perusing the application, affidavits and written submissions by both parties, this Court dismissed the defendant's application with no order for cost. The reasons for the decision of this Court are set out as below.

Brief Facts

[2] The plaintiff is an individual having his registered address at No 11, Jalan Mawar Impian 8, Taman Mawar Impian, 28300 Triang, Pahang Darul Makmur.

[3] The defendant is an individual having his registered address at No 16, Lorong Galing 19, Jalan Haji Ahmad, 25300 Kuantan, Pahang Darul Makmur.

[4] Around 2019, the defendant requested the plaintiff to invest in the establishment of a halal restaurant in China. To implement this plan, both the defendant and the plaintiff travelled to Guangxi, China, to search for a suitable and strategic location.

[5] After identifying an appropriate location and based on trust in the defendant's capabilities, the plaintiff transfe