5 Mar 2021
1. GOH TENG WHOO 2. TAN HWA CHENG AMPLE OBJECTIVES SDN. BHD.
- Citation
- 02(i)-35-04/2019(W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- 02(i)-35-04/2019(W) (Mahkamah Persekutuan)
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.