Malaysia Case Law: Decisions & Judgments

Topic

Service of writ

Legal area

Court

5 Mar 2026

KOK WAH FOOD SDN BHD AKARUMI SDN BHD

Citation

BA-A72NCvC-1582-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-A72NCvC-1582-12/2023 (Mahkamah Majistret)

Service to the defendant's registered office by registered post was proper under the Rules, the defendant proffered only a bare denial and no triable issues, and the substantial delay in seeking relief amounted to an abuse of process; therefore the application to set aside the default judgment failed and the default judgment remains effective.
29 Jan 2026

LUWE XIN HUI ASIA TELEVISION DIGITAL MEDIA (MALAYSIA) SDN. BHD.

Citation

WA-22NCvC-576-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-576-09/2025 (Mahkamah Tinggi)

Defendant failed to file a defence within the prescribed period after service and did not file any affidavit to explain the delay or to dispute plaintiff's evidence; plaintiff's evidence therefore stands unchallenged and on the balance of probabilities establishes entitlement to specific performance to transfer and register the condominium (or alternatively RM1,480,000), interest at 5% from 24.9.2023, and costs; defendant's application for leave to file defence is moot and dismissed.
25 Sept 2025

1. ) 1MALAYSIA DEVELOPMENT BERHAD 2. ) IMBD ENERGY HOLDINGS LIMITED 3. ) 1MDB ENERGY LIMITED 4. ) 1MDB ENERGY (LANGAT) LIMITED 5. ) GLOBAL DIVERSIFIED INVESTMENT COMPANY LIMITED 1. ) LOW TAEK JHO 2. ) TAN KIM LOONG 3. ) LOW HOCK PENG 4. ) L

Citation

WA-22NCvC-330-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-330-05/2021 (Mahkamah Tinggi)

The plaintiffs failed to show sufficient legal or factual basis to set aside the JID: service was properly effected making the JID regular, the nearly three year unexplained delay was fatal to the application, there was no fraud on the court vitiating the judgment, and tactical desire to obtain a merits judgment for foreign enforcement does not justify reopening a final judgment; accordingly the application is dismissed.
4 Sept 2025

ENFORCE SECURITY SERVICES (M) SDN. BHD. PERBADANAN PENGURUSAN SRI PUTRAMAS GARNISI 1. ) PUBLIC BANK BERHAD 2. ) PUBLIC ISLAMIC BANK BERHAD

Citation

WA-A52NCvC-164-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-164-02/2024 (Mahkamah Sesyen)

Service of the writ and statement of claim was properly effected; the defendant failed to prove a meritorious defence or produce corroborative evidence (such as biometric logs or contrary immigration documentation); accordingly the application to set aside the default judgment is dismissed and the default judgment is maintained.
22 May 2025

Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

Citation

AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)

All applications by the Fourth Defendant were dismissed because the affidavit certification was defective and amounted to abuse of process; the applications were filed late and were afterthoughts without reasonable explanations for delay; the default judgment was regularly entered and the applicant failed to demonstrate a meritorious defence; accordingly relief to use or amend the defective affidavit, to set aside the judgment, or for extension of time was refused with costs.
22 May 2025

Lembaga Kumpulan Wang Simpanan Pekerja 1. ) KELAB BOLASEPAK MNY (MNY FOOTBALL CLUB) 2. ) MUSTAFA BIN IDRIS 3. ) AHMAD FAIZAL BIN AZZUHRI 4. ) MOHAMMAD SUAIMI BIN MAT NEE

Citation

AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-103-09/2023 (Mahkamah Sesyen)

All three applications by the Fourth Defendant were dismissed because the affidavit defects amounted to misuse of process and prejudiced the plaintiff, the applications were afterthoughts filed late without reasonable explanation, the default judgment was regular and properly served under the rules, and the Fourth Defendant failed to demonstrate a meritorious defence or grounds for extension of time.
4 Mar 2025

BINASAT SDN BHD TM TECHNOLOGY SERVICES SDN BHD (Yang telah mengambil alih hak-hak, aset-aset dan liabiliti-liabiliti Telekom Malaysia Berhad melalui Perintah Mahkamah bertarikh 21 Februari 2023)

Citation

BA-12ANCvC-66-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-66-11/2024 (Mahkamah Tinggi)

Service of the writ and statement of claim on the defendant was regular and acknowledged; the defendant remained inactive, failed to file a memorandum of appearance and did not provide cogent reasons for delay or a prima facie meritorious defence; therefore the application to set aside the default judgment fails and the appeal is dismissed with costs.
17 May 2024

1. ) TAN YIH YANG 2. ) CHENG MIN YEE 3. ) TAN CHAI SHI 4. ) TAN YIH JYE 5. ) WONG WAI HONG 6. ) ONG AH BAA 7. ) ONG KAAN SEANG 8. ) NG CHONG YAM 1. ) ASIANA HOME HOLDINGS BERHAD 2. ) CHENG MOH SIONG 3. ) CHENG MOH TING 4. ) OOI KEAN YONG

Citation

PA-22NCvC-146-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-146-08/2021 (Mahkamah Tinggi)

The application to set aside the default and assessment judgments is dismissed because service was found regular, the defendant's denial was unsubstantiated, the defendant failed to disclose a prima facie meritorious defence and the defences were raised belatedly and amounted to afterthoughts; application was filed out of time and costs are awarded to the plaintiffs.
29 Feb 2024

MURALI A/L SELVAKUMAR KAMALANATAN A/L KRISHNASAMY

Citation

CA-A72NCvC-37-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-37-03/2023 (Mahkamah Majistret)

Service by AR registered card to an authorized person was sufficient to perfect service; the Judgment in Default was regular and the defendant failed to disclose a defence with merits or take proactive steps to inform the plaintiff; therefore the application to set aside the JID was dismissed with costs.
29 Jan 2024

RAJJIT SINGH A/L RANJODH SINGH HARVENDER SINGH A/L DALBIR SINGH

Citation

BL-22NCC-3-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCC-3-02/2023 (Mahkamah Tinggi)

Court held service of the writ and statement was regular (including substituted service) and the default judgment was regularly obtained; defendant failed to demonstrate a prima facie meritorious defence and had changed his recorded address after judgment, therefore the application to set aside the default judgment was dismissed with costs of RM3,000.