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.