Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Solicitor affirming affidavit

Legal area

Court

14 Aug 2025

1. ) NOOR LIYANA BINTI AHMAD MARZUKI 2. ) MUHAMMAD NAJIB BIN ABU BAKAR MOHD FADLI BIN MOHAMED SALLEH @ SALLEH

Citation

WA-23CY-11-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-11-04/2025 (Mahkamah Tinggi)

The court held that the affidavits were invalid because they contained contentious facts known only to the defendant and therefore could not properly be deposed by the defendant's solicitor; consequently leave to file the Reply to Defence to Counterclaim was refused and the application dismissed, guided by the Malayan Banking criteria.
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.