Default Judgments  

Default Judgments: Setting Aside

ISBN 983-3519-05-9
Author: Nasser Hamid
Binding: Softcover/Extent: 575 pp
Publication Price: MYR 220.00
The law is stated as of August 31, 2006

This publication examines the situation where default judgment has been obtained against a litigant and details the procedure and principles applicable in setting aside such default judgments. The starting point remains the Rules of Court and the interpretation of the Subordinate Court Rules 1980 and the Rules of the High Court 1980 and the approach of the courts in adjudicating instances of non-compliance with the Rules of Court. Decided cases well reflect the endeavour of the courts in striking a balance between observance of the Rules of Court, the right of the ‘defaultee’ litigant to have his case heard on the merits and most important of all, the ‘justice of the case’ without prejudice to the parties involved in the litigation. In short, the current procedural jurisprudence in relation to non-compliance of the Rules is provided in detail.

Emphasis is on the procedure in setting aside default judgments and includes the Applications to Set Aside Default Judgments, Time for Making Applications, Defence on the Merits and Conduct of the Applicant. Default Judgments: Setting Aside provides in a single volume all the various scenarios that may confront a litigant in applying to set aside a default judgment.

Topics Covered At a Glance:

Rules of Court & Compliance • Judgments & Orders of Court • Default Judgments & Setting Aside • Default Judgments: Application to Set Aside • Judgment in Default of Appearance • Judgment in Default of Defence

Download full Table of Contents for this book here