Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Failure to file affidavit in reply

Legal area

Court

27 Jan 2026

ASIAN AIR CHARTER SDN. BHD. MOHD RADZI BIN MANAN PIHAK KETIGA APFT SERVICES SDN. BHD.

Citation

AA-22NCvC-17-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-17-02/2024 (Mahkamah Tinggi)

Because the defendant unequivocally admitted ownership and market value of the aircraft in pleadings, agreed facts and affidavit and failed to file a timely and substantive reply or provide any legal justification, the court exercised its discretion under Order 27 Rule 3 to enter judgment for the plaintiff, order the return of the aircraft (or alternatively assessment of market value) and award costs.
23 Dec 2019

1. POH THIAM SEONG (No. K/P : 760412-10-5135) 2. TAI KIEN YICK (No. K/P: 870119-14-5645) AHMAD FIRDAUS B. MOHD ANUAR (No. K/P: 660529-10-6141/A0466823)

Citation

BA-22NCVC-404-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-404-09/2019 (Mahkamah Tinggi)

The Plaintiffs fulfilled the requirements of Order 13 r 6 and proved due service; the Defendant failed to comply with court directions and did not file an affidavit in reply thereby admitting the Plaintiffs' positive assertions; no cogent reason for adjournment was shown; accordingly leave to enter judgment in default was granted and the Plaintiffs' application allowed.