12 Feb 2026
1. ) VERTEX CENTRAL INDUSTRIES SDN. BHD. 2. ) MOHD ALI AMIN BIN AB LATIF 3. ) MOHD AZKARI MUNIF BIN AB LATIF POSIM MARKETING SDN. BHD.
- Citation
- DA-12ANCC-3-10/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12ANCC-3-10/2025 (Mahkamah Tinggi)
Because the writ and statement of claim were sent by prepaid registered post to addresses agreed in the parties' contracts, and the contracts contained express deeming language that service is effective 'notwithstanding any proof to the contrary', the appellants were estopped from denying service despite postal tracking remarks; further, their admissions and part payments constituted an acknowledgment of debt that barred their defence on the merits. The Sessions Court's refusal to set aside the default judgment was therefore correct and is affirmed.