1. GOH TENG WHOO 2. TAN HWA CHENG AMPLE OBJECTIVES SDN. BHD.

1. GOH TENG WHOO 2. TAN HWA CHENG AMPLE OBJECTIVES SDN. BHD.

Section 12 creates a rebuttable presumption of service by registered post; posting alone does not constitute conclusive proof. Where affidavit of service does not exhibit the A.R. acknowledgement card or otherwise prove receipt by the defendant or an authorised agent, the presumption may be rebutted and the court must not seal a judgment in default of appearance. On the facts the appellants rebutted the presumption and the JIDs were irregular and set aside.

Citation
02(i)-35-04/2019(W) (Mahkamah Persekutuan)
Parties
Appellant: Goh Teng Whoo; Appellant: Tan Hwa Cheng; Respondent: Ample Objectives Sdn Bhd
Court
i
Jurisdiction
Malaysia
Judgment Date
5 March 2021
Case Number
02(i)-35-04/2019(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal / Federal Court Judgment on Appeal (setting Aside Jid)
Outcome
Appeal allowed; judgments below set aside; JIDs set aside
Legal Topics
Service of Process, A.r. Registered Post, Default Judgment, Presumption of Service, Setting Aside Judgment
Source Language
Malay/English
Civil Procedure Evidence Statutory Interpretation Service of Process A.r. Registered Post Default Judgment Presumption of Service Setting Aside Judgment

Case Brief

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Parties

Goh Teng Whoo

Appellant

Tan Hwa Cheng

Appellant

Ample Objectives Sdn Bhd

Respondent

Procedural Posture

Civil Appeal / Federal Court Judgment on Appeal (setting Aside Jid)

Legal Issues

  1. 1 Whether affidavit of service without exhibiting A.R. registered acknowledgement card suffices to enable court to seal judgment in default of appearance
  2. 2 Whether proof of posting alone constitutes conclusive proof of service under Order 10 r.1(1) read with Order 13 r.7 and s.12 Interpretation Acts
  3. 3 Whether presumption of service under s.12 Interpretation Acts is rebuttable and what evidence suffices to rebut it

Ratio Decidendi

Section 12 creates a rebuttable presumption of service by registered post; posting alone does not constitute conclusive proof. Where affidavit of service does not exhibit the A.R. acknowledgement card or otherwise prove receipt by the defendant or an authorised agent, the presumption may be rebutted and the court must not seal a judgment in default of appearance. On the facts the appellants rebutted the presumption and the JIDs were irregular and set aside.

Court Disposition

Appeal allowed; judgments below set aside; JIDs set aside

Orders

  • Appeal allowed
  • Decisions of the High Court and Court of Appeal set aside