JUDGMENT

Nor Izzati Zakaria M:

(Enclosure 15)

Introduction

[1] The defendant, vide encl 15, had filed an application to strike out the judgment in default entered against the defendant pursuant to O 42 r 13 of the Rules of 2012 (herein referred to as "the ROC 2012"). The plaintiff had objected the application. After perusing the application, affidavits and written submissions by both parties, this Court had dismissed the defendant's application with costs. The reasons for the decision of this Court are set out as below.

Brief Facts

[2] The plaintiff is a private company incorporated in Malaysia having its registered address at 28, Jalan Bukit Setongkol Jaya 108, 25200 Kuantan, Pahang.

[3] The defendant is an individual having his registered address at E-02-01, Blok E, Meranti, Kuantan Tembeling Condominium, Jalan Padang Golf, 25050 Kuantan, Pahang Darul Makmur and/or No 6, Lorong Semambu Baru 76, Andorra Peak Semambu Baru, 25350 Kuantan, Pahang.

[4] The plaintiff claimed against the defendant for a sum of RM38,013.50 as the defendant had failed to pay to the plaintiff monthly management fees continuously since 1 November 2013 and reminders had been sent to the defendant (including a stat