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2004 MarsdenLR 1438

HIGH COURT MALAYA KUALA LUMPUR
FIDEN ELECTRICAL ENGINEERING SDN BHD – Appellant
Versus
NIPPON SEIKO KK & ORS – Respondent


JUDGMENT

Abdul Malik Ishak J:

Introduction

The first defendant by the name of Nippon Seiko KK is a company resident in Japan and the plaintiff seeks to serve the concurrent writ of summons and the notice of the concurrent writ of summons (here in after referred to as the legal documents ' ) on the first defendant. How must the plaintiff effect the service of the legal documents on the first defendant bearing in mind that the latter is a company resident in the land of the rising sun? The land of the famous Samurai is certainly a distance away from Malaysia. This judgment dwells on the service of the legal documents upon the first defendant and its ramifications.

Background Scenario

Enclosure 164 was the first defendant's application pursuant to O 12 r 7 of the Rules of the High 1980 ( ' RHC ' ) for an order that the issuance and the purported service of the legal documents on the first defendant be set aside. The learned deputy registrar heard encl. 164 and she refused to allow it. Aggrieved, the first defendant filed an appeal to the judge in chambers in encl. 176. In dismissing encl. 164, the learned deputy registrar gave no reasons for doing so.

It now falls on me to decide encl. 17

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