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2019 MarsdenLR 2631

COURT OF APPEAL PUTRAJAYA
GOH TENG WHOO & ANOR – Appellant
Versus
AMPLE OBJECTIVES SDN BHD – Respondent


Table of Content
1. assessment of the validity of the judgment in default and procedural requirements. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8)
2. interpretation of liquidated demands and defence merits. (Para 3 , 9 , 12)
3. validity of service relies on established mailing procedures. (Para 10)
4. court's finding on service validity and merits of the defence. (Para 13)

[1] A Judgment in Default of Appearance (JID) dated 14 September 2016 had been entered against the appellants (as the 4th and 5th defendants) by the respondent (as the plaintiff) at the Kuala Lumpur High Court. The appellants had filed an application pursuant to O 13 r 8 of the Rules of 2012 ( ROC ) to set aside the said JID. The application was dismissed on 21 March 2018, hence the appeal before us.

Issues

[2] The appellants raised two issues before us as follows:

(i) whether the JID was regular;

(ii) whether the appellants had shown they had merits in their defence.

Submissions

[3] Concerning the 1st issue, learned counsel for the appellants' submission was twofold; on the liquidated demand and on the service of the Writ. On the liquidated demand, learned counsel submitted that the High Court had erred when a final judgment was en

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