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Default Judgment: Principles & Procedure

Default Judgment: Principles & Procedure

Default Judgment: Principles & Procedure

Author: Choong Yeow Choy
Publisher: LexisNexis Malaysia
ISBN: 9789679627749
Published In: January 2006
Format: Paperback
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book deals with every foreseeable aspect in relation to the entry and the consequential application to set aside a default judgment in the civil litigation process. The applicable procedural principles and their exceptions, as laid down in the rules of court and as enunciated by the decisions of the courts, are dealt with exhaustively in this book.
It explains to its readers the nature and the various types of default judgments that are available. It then takes its readers through every procedural step prior to the entry of each of these default judgments, how each of these default judgments may be entered, and the procedure for the setting aside of each of these default judgments. More importantly, this book elucidates to both the plaintiff and the defendant in an action the procedural steps that ought to be, and ought not to be, taken. This is to ensure that the plaintiff does not fall into the pitfall of entering a default judgment when she is not entitled to do so. Likewise, the defendant can take the appropriate steps to ensure that a judgment in default will not be entered against her.

This book is primarily a practitioners' textbook. It will however be equally useful to the lay litigants who wish to have an understanding of this important aspect of procedural law. It is also a valuable source of reference to law students.

Chapter One: Definition and Nature of Default Judgment
Chapter Two: Availability of Default Judgment
Chapter Three: Procedure for Entry of Default Judgment
Chapter Four: Setting Aside: Principles and Procedure
Chapter Five: Reappraisal of the Traditional Approach
Chapter Six: Default Judgment under the CPR

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