When a party receives a Judgment in Default of Appearance or Defence (“JID”), he/she may file an application to set aside JID entered against him/her. However, it must be filed within 30 days upon receiving the judgment as prescribed under Order 42 rule 13 of the Rules of Court.
On 13.7.2023, the High Court of Kuala Lumpur concurred with our client’s preliminary objection and held that the Appellant’s application to set aside the judgment was filed after the expiry of the 30 days limitation period. The learned Judge cited with approval the Court of Appeal case of Ng Han Seng that a party who intends to set aside a Judgment in Default of Defence should also apply for an extension of time to enlarge the 30 days limitation as part of his prayer/relief in the said application.
The Respondent was successfully represented by Derrick Oon (Partner) from Nazreen Oon & Partner’s dispute resolution practice.
