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2001 MarsdenLR 769

HIGH COURT MALAYA KUALA LUMPUR
SRI HARTAMAS CONTRACTORS SDN BHD – Appellant
Versus
SRI KELADI SDN BHD – Respondent


JUDGEMENT

Kamalanathan Ratnam J:

The appeal

[1] The defendant applied to set aside the judgment in default of appearance obtained by the plaintiff and for leave to file the defence and also for a stay of all proceedings until the hearing of the said application. On 6 September 2000, the learned senior assistant registrar ('SAR') granted an order in terms of the defendant's application. This is the plaintiff's appeal against that said decision.

Facts And Chronology Of Events

[2] The defendant's address stated in the writ was No 5, Persiaran Lidcol, Off Jalan Yap Kwan Seng, 50450 Kuala Lumpur, which was then its registered address ('the Yap Kwan Seng address'). The writ was posted to the defendant by prepaid registered post at the defendant's subsequent registered address on 13 January 2000 and an affidavit of service was filed. The registered address of the defendant, according to a search made on 5 January 2000, was 12-1A Jalan Hilir 1, Taman Sri Angsana Hilir, Kampung Pandan, 55100 Kuala Lumpur ('the Kampung Pandan address'). The AR registered acknowledgement card was returned with a signature duly acknowledging receipt of the said writ on 17 January 2000. The plaintiff then entered ju

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