JUDGMENT

Moses Susayan JC:

Introduction

[1] In this case, the Defendant seeks to set aside the service of the Writ and Statement of Claim on a jurisdictional point, arguing improper service due to the absence of leave of the court for serving documents outside Malaysia. However, having already taken procedural steps, including requesting extensions for filing a defence, the Defendant's actions raise a critical question: can the court allow setting aside in such situation? This judgment delves into the boundaries of procedural compliance and the implications of a Defendant's actions within court proceedings.

Background Facts

[2] This case involves a dispute between family members - the Plaintiff sues the Defendant who is the Plaintiff's cousin brother, and a business partner. The Plaintiff invested IDR17.927 billion (approximately RM6.01 million) in the Defendant's coal business based on a co-operation agreement dated 15 March 2017. Despite the agreement stipulating monthly interest payments and the principal amount's repayment over a year, the Defendant failed to pay according to the terms, paying only a fraction of the agreed sum, leaving the sum of IDR26.868 billion (about RM9.008 mil