Malaysia Case Law: Decisions & Judgments

Topic

Affidavit of service

Legal area

Court

29 Oct 2025

BUTTERWORTH LIM CONSTRUCTION SDN. BHD. PENDUDUK-PENDUDUK YANG NAMANYA TIDAK DIKENALI

Citation

KF-A52-4-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KF-A52-4-03/2024 (Mahkamah Sesyen)

Affidavit of service established that personal service was effected at the defendant's residence by delivery to a woman identified as the houseowner's daughter; the defendant failed to rebut or deny that material fact and only made a bare assertion of a meritorious defence; therefore service was proper and the application to set aside the default judgment failed and was dismissed.
29 May 2023

HOLSTEN MARKETING (M) SDN BHD XIAN JIANG TRADING SDN BHD

Citation

JB-12ANCC-3-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCC-3-06/2022 (Mahkamah Tinggi)

The High Court found the writ and statement of claim were validly served on the defendant company by handing them to the director, the affidavit of service affirmed by the solicitor was admissible because the solicitor had personal knowledge, the Registrar's administrative amendment of the interest commencement date under Order 42 r.12 was permissible and beneficial to the defendant, the defendant had not shown a meritorious defence nor made full candid disclosure, and therefore the Sessions Court correctly refused to set aside the default judgment; the appeal was dismissed with costs.
11 Mar 2021

1. METRO SOURCE SDN BHD 2. GAN YOKE MEI 1. PAK CHUN ENTERPRISE SDN BHD 2. HOW KIM CHAI 3. HOW BOON CHIN

Citation

A52NCC-456-10-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCC-456-10-2020 (Mahkamah Sesyen)

Service by registered post to the defendant corporation's Sungai Buloh business/contractual address was valid; the endorsement and typographical errors were mere procedural irregularities curable under Order 1A and Order 2 r1(1); the defendant failed to demonstrate a meritorious defence; therefore the application to set aside the default judgment is dismissed with costs.
11 Mar 2021

METRO SOURCE SDN BHD PAK CHUN ENTERPRISE SDN BHD dan 2 yang lain

Citation

A52NCC-456-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCC-456-10/2020 (Mahkamah Sesyen)

The application to set aside the default judgment was dismissed because service by registered post to the defendant's contractual/business address was proper and proved, the endorsement and typographical errors were procedural irregularities curable under Order 1A and Order 2 r1(1) and did not prejudice the defendant, and the defendant failed to demonstrate any meritorious defence to justify setting aside the judgment.
24 Apr 2020

Petrovietnam Engineering (Malaysia) Sdn Bhd LAIN-LAIN Maleza Heavy Equipment & Construction Sdn. Bhd.

Citation

WA-28PW-11-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-11-01/2020 (Mahkamah Tinggi)

PI, as a contributory, was entitled to intervene, but on balance of probabilities the petition was served and the affidavit verifying the petition was not fatally defective; the Winding-Up Order was not irregularly obtained such as to warrant being set aside, stayed or terminated; accordingly the Notice of Motion was dismissed with costs though PI was allowed to be made a party.

Malaysia Case Law

BUTTERWORTH LIM CONSTRUCTION SDN. BHD. PENDUDUK-PENDUDUK YANG NAMANYA TIDAK DIKENALI

HOLSTEN MARKETING (M) SDN BHD XIAN JIANG TRADING SDN BHD

1. METRO SOURCE SDN BHD 2. GAN YOKE MEI 1. PAK CHUN ENTERPRISE SDN BHD 2. HOW KIM CHAI 3. HOW BOON CHIN

METRO SOURCE SDN BHD PAK CHUN ENTERPRISE SDN BHD dan 2 yang lain

Petrovietnam Engineering (Malaysia) Sdn Bhd LAIN-LAIN Maleza Heavy Equipment & Construction Sdn. Bhd.