JUDGMENT

Faridz Gohim Abdullah JC:

(Enclosure 75)

Introduction

[1] Vide Notice of Appeal dated 21 March 2025, the 1st Defendant, Nurain binti Lias is appealing against my decision given on 24 February 2025 in dismissing her Notice of Application dated 30 September 2024 [encl 75] to set aside the judgment dated 24 February 2023 [encl 19] entered in default of appearance and defence with costs of RM2,000.00 subject to allocator.

[2] Below are the grounds for my decision.

Brief Background Facts

[3] The 1st Defendant is sued in her capacity as the Administratrix of the estate of Lias Bin Drahman (Deceased). By the Writ dated 30 August 2024 [encl 1] and Statement of Claim dated 1 September 2024 [encl 2], the Plaintiffs claim that the Deceased and the 2nd Defendant had committed an anticipatory breach of an alleged agreement dated 5 June 2013 for a parcel of land described as Lot 454, Lambir Land District.

[4] Thereafter, a judgment dated 24 February 2023 [encl 19] was entered against the 1st Defendant in default of appearance and defence ("JID") pursuant to O 13 r 1, O 19 r 2 and O 42 r 5 of the Rules of 2012 ("ROC 2012").

[5] On 30 September 2025, the 1st Defendant had filed a Notice of Application [encl 75] seeking the following Orders:

(a) That Judgment herein entered on 24 February 2023 [Enclosure 19] in default of Appearance and Defence be set aside;

(b) That the 1st Defendant be at liberty to defend the action by entering an Appearance within fourteen (14) days from the date of such order;

(c) That execution on the said Judgment [Enclosure 19], including execution in the Kuching High Court Bankruptcy Proceedings No. KCH-29NCC-295-9/2024 (HC3) be stayed until after the hearing of this application;

(d) That, if necessary, the 1st Defendant has further time or extended time to the date hereof to file this application notwithstanding the time limited by O 42 r 13 of the Rules of 2012 for her so doing has expired;

(e) That the Plaintiffs pay to the 1st Defendant the costs of and occasioned by the said Judgment, execution in the Kuching High Court Bankruptcy Proceedings No. KCH-29NCC-295-9/2024 (HC3) and of this application; and

(f) Such further or other Orders as the Honourable Court deems fit and just.

[6] The grounds of this application under encl 75 are premised on the following:

(a) The said Judgment [encl 19] is irregular.

(b) The 1st Defendant has a good Defence on the merits to the Plaintiffs' claim in this action.

(c) There are matters that have occurred since the date of the said Judgment [Enclosure 19] which render it inequitable that the said Judgment [Enclosure 19] should be carried into effect.

(d) There are in existence special circumstances that warrant a stay of execution of the said Judgment [Enclosure 19], including execution in the Kuching High Court Bankruptcy Proceedings No. KCH-29NCC-295-9/2024 (HC3) until after the hearing of this application.

(e) Should the said Judgment [Enclosure 19] be carried into effect, the 1st Defendant will be seriously prejudiced in a manner that cannot howsoever be compensated with costs.

(f) Such further grounds as set out in the Affidavit in Support of Nurain Binti Lias [encl 2].

[7] After hearing both parties on 5 December 2024 and considering all relevant cause papers before me, I have dismissed the said Notice of Application [encl 75] with costs of RM2,000.00, subject to allocator fee.

Relevant Cause Papers

[8] For this application, the following affidavits have been filed and exchanged between parties:

(a) Affidavit in Support of Nurain Binti Lias affirmed on 30 September 2024 [encl 76] ("Affidavit in Support");

(b) Affidavit in Opposition of Soraya Binti Abdullah affirmed on 15 October 2024 [encl 77] ("Affidavit in Opposition"); and

(c) Affidavit in Reply of Nurain Binti Lias affirmed on 28 October 2024 [Enclosure 79] ("Affidavit in Reply").

1st Defendant's Submission

[9] The 1st Defendant's arguments can be summarised as follows:

(a) The Said Judgment [Enclosure 19] Is Irregular.

[10] It is the