PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

The substituted service was invalid because the creditor failed to prove due diligence and omitted material contractual facts in an ex parte application, and clause (r) fixed an overseas (China) service address which the creditor could not ignore without seeking leave to serve out of jurisdiction; actual knowledge cannot cure the defective service, therefore the Deputy Senior Registrar correctly set aside the substituted service and that decision is upheld.

Citation
JA-29NCC-723-11/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: WANG HAI; Judgment Creditor: Resorts World at Sentosa Pte Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 November 2025
Case Number
JA-29NCC-723-11/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Interlocutory Appeal to High Court Against Deputy Senior Registrar Decision
Outcome
Notice of appeal in chambers dismissed; decision of Deputy Senior Registrar dated 25.4.2024 upholding Annex 46 and setting aside substituted service (Annex 14 dated 30.1.2023) is affirmed.
Legal Topics
Service of Process, Substituted Service, Contractual Service Clause, Leave to Serve Out of Jurisdiction, Due Diligence, Full and Frank Disclosure
Source Language
Malay/English
Insolvency Civil Procedure Contract Law Service of Process Substituted Service Contractual Service Clause Leave to Serve Out of Jurisdiction Due Diligence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

WANG HAI

Judgment Debtor

Resorts World at Sentosa Pte Ltd

Judgment Creditor

Procedural Posture

Bankruptcy / Interlocutory Appeal to High Court Against Deputy Senior Registrar Decision

Legal Issues

  1. 1 Whether the substituted service of the bankruptcy notice on the Judgment Debtor (Annex 14) was legally valid
  2. 2 Whether clause (r) in the Credit or Cheque Cashing Facility Request Form/Agreement permits valid service in Malaysia though the contractual service address is in China
  3. 3 Whether the Deputy Senior Registrar misdirected himself in setting aside the substituted service and allowing Annex 46

Ratio Decidendi

The substituted service was invalid because the creditor failed to prove due diligence and omitted material contractual facts in an ex parte application, and clause (r) fixed an overseas (China) service address which the creditor could not ignore without seeking leave to serve out of jurisdiction; actual knowledge cannot cure the defective service, therefore the Deputy Senior Registrar correctly set aside the substituted service and that decision is upheld.

Court Disposition

Notice of appeal in chambers dismissed; decision of Deputy Senior Registrar dated 25.4.2024 upholding Annex 46 and setting aside substituted service (Annex 14 dated 30.1.2023) is affirmed.

Orders

  • Notis Rayuan Dalam Kamar (Annex 54) dismissed
  • Decision of Deputy Senior Registrar dated 25.4.2024 allowing Annex 46 and setting aside substituted service (Annex 14 dated 30.1.2023) upheld