Muniandy a/l Thamba Kaundan & Anor v D & C Bank Bhd & Anor - Lapse of time is no bar to a

defendants application to set aside a judgment which is a nullity. Further, under its inherent
jurisdiction to prevent an abuse of proceedings, the court has power to set aside a judgment in
default despite the defendants application being out of time if the particular case require it.
Ching Yik Development Sdn Bhd & Anor v Wordware Distributors (M) Sdn Bhd & Anor [2012]Quoted Tuan Hj Ahmed Abdul Rahman v Arab-Malaysian Finance Bhd [1996] and held that it is
satisfied that:
a. no one has suffered prejudice by reason of the defendants delay;
b. alternatively, where such prejudice has been sustained, it can be met by an appropriate order
as to costs; or
c. to let the judgment stand would constitute oppression.
Tuan Hj Ahmed Abdul Rahman v Arab- Malaysian Finance Bhd [1996] - We would add that
under its inherent jurisdiction to prevent an abuse of its proceedings, the court has power to set
aside a judgment in default, despite the defendants application being out of time if the particular
circumstances require the intervention of the court.
Yap Ke Huat & Ors v Pembangunan Warisan Murni Sejahtera Sdn Bhd [2008] - It is trite that
when considering an application to set aside a judgment in default, the first task is to ascertain
whether is it a regular judgment or irregular judgment. If it is an irregular judgment, then the
default judgment ought to be set aside ex debito justitae. if it is regularly obtained, then the
principle expounded in Evans v Barlam applies.