“[26] In the instant case the postal service was challenged. The defendant had then made an investigation with Pos Malaysia and their website had revealed that the plaintiff’s letter had yet to be delivered to the defendant. Surely the defendant had proven non-delivery to her as required by s 12. The letter containing the JID was still at the office of Pos Malaysia. Does the presumption of the good service apply? I am mindful that the plaintiff has cited several cases on the postal serving that once there is compliance with the rules on posting the service is good. I agree that there is no requirement for acknowledgement by the recipient unlike where service was done under AR registered post. However in those cases cited the posting was not challenged by the production of a document that had challenged the very presumption of a good service by posting which was done here by the defendant.”
Lau Pick Huong v Soh Huang Siah [2015] 7 MLJ 325 MT
Lau Pick Huong v Soh Huang Siah [2015] 7 MLJ 325 MT
