21/09/2021
Bryan & Co. was recently successful in setting aside a judgment in default of appearance on the back of the Federal Court decision of Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd.
Often times, loan agreements with financial institutions allow the financial institution to serve the originating process through post (e.g. registered post, A.R. registered post, etc.) and judgments in default of appearance have been entered as the position was that service of the originating process is regular due to the agreed contractual clause.
Hence, to satisfy the burden of due service, all that the financial institution is required to do is to post the originating process in accordance with the agreed contractual clause. Whether or not the Writ of Summons was received by the defendant was commonly argued to be irrelevant due to such a clause.
However, in the instant case, despite the bank relying on a similar contractual provision, the High Court nonetheless held that service was irregular and set aside the judgment in default of appearance.
Read the update here: https://brycolaw.com/bryan-co-successfully-sets-aside-judgment-in-default-of-appearance-on-the-basis-that-the-service-of-writ-of-summons-by-the-bank-through-registered-post-although-allowed-under-the-rules-of-court-20/
Bryan Boo and Brenda Lee had recently successfully set aside a Judgment in Default of Appearance on the basis, among others, that the service of the originating process by way of registered post on the Defendant was irregular. It is common that loan documents with financial institutions often co ...
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