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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-compllance 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-<:ompllanceof 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. The extent of the book is well reflected In the layout and presentation of the book In the following chapters:
Chapter 1 - Rules of Court & Compliance
Chapter 2 - Judgments & Orders of Court: Setting Aside
Chapter 3 - Default Judgments & Setting Aside
Chapter 4 - Default Judgments: Application to Set Aside
Chapter 5 - Judgment In Default of Appearance: Setting Aside
Chapter 6 - Judgment In Default of Defence: Setting Aside
The law Is stated as of August 31, 2006
Author: Nasser Hamid
Binding: Softcover / Extent: 575pp
ISBN No: 983-3519-05-9
RM 200.00 (USD 55.50)
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