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“[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 … Continue reading Lau Pick Huong v Soh Huang Siah [2015] 7 MLJ 325 MT →

“The principle of setting aside a default judgment under O 13 r 8 has been well established and needs no detailed repetition. What is important to observe is that a default judgment is not a judgment on the merits. Accordingly, when such judgment is obtained irregularly, such irregularity would be a sufficient ground by itself … Continue reading Lai Yoke Ngan & Anor v. Chin Teck Kwee & Anor [1997] 2 MLJ 565 MP →

… we also remind ourselves that where there is a conflict of evidence on affidavits, it would not be proper for us to believe one side and disbelieve the other. Such conflict should be resolved at the trial as it is not our function to try to resolve conflicts of evidence on affidavits at this … Continue reading Hasil Bumi Perumahan Sdn Bhd & Ors v United Malayan Banking Corp Bhd [1994] 1 MLJ 312 SC →

A defence on the merits means merely raising only an arguable or triable issue, eg contributory negligence in a running down case in White ~ Weston [1968] 2 QB 647. A judgment in default is not a judgment on the merits: L Oppenheim & Co v Mahomed Haneef [1922] 1 AC 482 Lai Yoke Ngan … Continue reading Lai Yoke Ngan & Anor v. Chin Teck Kwee & Anor [1997] 2 MLJ 565 FC →

[32] Thus, if there is evidence that the defendant has not been served with the document, the presumption is rebutted and the court will make a finding that there has been no service of the document in an application for setting aside. It is anathema to the concept of justice and fair play that a defendant who has … Continue reading Goh Teng Whoo & Anor v. Ample Objectives Sdn Bhd [2021] 4 CLJ 348 FC →

"That which isn't good for the hive, isn't good for the bee" Marcus Aurelius

You got a moral obligation to read. That people die to get you the right to read… Am I going to dishonour their deaths by not reading? George Raveling

“I think people get old when they stop thinking about the future. If you want to find someone’s true age, listen to them. If they talk about the past and they talk about all the things that happened that they did, they’ve gotten old. If they think about their dreams, their aspirations, what they’re still … Continue reading QOTD →