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28 May 2024

J. Agesh from Zul Rafique & Partners’ Construction Dispute Resolution Practice Group, successfully resisted an application to set aside a Judgment in Default of Appearance (“JID”) for RM2 Million in favour of the client (“Plaintiff”) against the counterparty (“Defendant”) in the Johor Bahru High Court (“High Court”).


On 10.1.2018, the Plaintiff obtained the JID against the Defendant.  

On 28.12.2023, the Defendant filed its application to set aside the JID (“the Application”).

The grounds relied on to oppose the Application were as follows:-
(a) There was an inordinate delay by the Defendant in filing the Application; and
(b) The Defendant had no defence of merits.

Upon reading and hearing submissions from counsels for both parties, the High Court dismissed the Application with costs of RM2,000 in favour of the Plaintiff, on the ground that there was an inordinate delay by the Defendant in filing the Application.

For more insight into this area of law, please contact our Partners in the Construction Dispute Resolution Practice Group:
Kuhendran Thanapalasingam
Susan Tan Shu Shuen


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