Malaysia Case Law: Decisions & Judgments

Topic

Deemed service

Legal area

Court

22 Dec 2025

Kerajaan Malaysia R SURESH A/L RAMU

Citation

JA-21NCvC-6-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCvC-6-05/2025 (Mahkamah Tinggi)

The statutory scheme (Income Tax Act 1967) authorises recovery of assessed tax as a civil debt, a s142(1) certificate is sufficient evidence of the debt, and s106(3) bars the civil court from entertaining merits-based challenges to the assessment; the defendant failed to show any legally sustainable defence or triable issue and defaulted on case management directions, therefore summary judgment was appropriate.
27 Mar 2024

TENG AH KIONG LAM CHEE SEONG

Citation

AA-22NCC-4-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCC-4-02/2023 (Mahkamah Tinggi)

Because the defendant entered an appearance and requested extensions to file a defence (steps in the proceedings) and failed to apply to set aside service within the time prescribed by Order 12 r 10(1), the deeming provision in Order 12 r 10(6) applied; the defendant is treated as having submitted to the jurisdiction and the application to set aside service is dismissed.
6 Dec 2019

OCBC BANK (MALAYSIA) BERHAD Sritharan Naidu a/l Sundara Rajoo

Citation

AB-22NCVC-14-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCVC-14-10/2018 (Mahkamah Tinggi)

On the balance of probabilities the defendant rebutted the presumption of receipt because postal confirmations did not positively establish delivery and circumstances indicated interruption of the usual course of post; therefore deemed service under the facility agreement was displaced and the default judgment was irregularly obtained and must be set aside to allow the defendant his day in court.

Malaysia Case Law

Kerajaan Malaysia R SURESH A/L RAMU

TENG AH KIONG LAM CHEE SEONG

OCBC BANK (MALAYSIA) BERHAD Sritharan Naidu a/l Sundara Rajoo