Malaysia Case Law: Decisions & Judgments

Topic

Deeming provisions for service

Legal area

Court

6 Jul 2022

Kerajaan Malaysia INTEGRATED MARINE WORKS SDN. BHD.

Citation

BA-21NCvC-53-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-53-04/2021 (Mahkamah Tinggi)

The Court held the impugned notices were properly posted to the defendant's last known addresses and therefore deemed served under s.145(2); the defendant failed to rebut that presumption. The Certificate of Indebtedness was valid because the written authorization to the signing officer remained subsisting and had not been revoked, and precedent permits reliance on such certificates as sufficient evidence of the debt. Consequently there was no triable issue and summary judgment was warranted.
13 Jan 2021

1. ) PR BUILDERS SDN BHD 2. ) MOHAMMAD AZMI BIN DAUD 3. ) DATO' MOHD SHARIFF BIN IBRAHIM EXPORT-IMPORT BANK OF MALAYSIA BERHAD

Citation

WA-22M-224-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-224-05/2020 (Mahkamah Tinggi)

Plaintiff met the Order 14 prerequisites establishing a prima facie case on the guarantees and the defendants failed to demonstrate any bona fide triable issue: the arbitration clause in the Facility Agreement was not incorporated into the separate guarantee documents and thus did not oust the court's jurisdiction; the contractual notice provisions rendered the demands duly served and effective; the guarantees created joint and several liability permitting suit against specific guarantors; consequently summary judgment was justified and entered for the plaintiff.

Malaysia Case Law

Kerajaan Malaysia INTEGRATED MARINE WORKS SDN. BHD.

1. ) PR BUILDERS SDN BHD 2. ) MOHAMMAD AZMI BIN DAUD 3. ) DATO' MOHD SHARIFF BIN IBRAHIM EXPORT-IMPORT BANK OF MALAYSIA BERHAD