ALASAN PENGHAKIMAN

OLEH YANG ARIF HAKIM DATO' KANG HWEE GEE

This is an appeal by the plaintiff against the decision of the Senior Assistant Registrar in allowing the defendant's application to set aside the writ of summons allegedly served on him at Projenco Ltd, Clifton House, No. 3I8A Kings Road, Reading RG 4JE, England, United Kingdom on 13.10.2005.

The plaintiffs claim against the defendant is for monies allegedly due from the defendant arising from trading in securities by which the plaintiff acted as defendant's sharebroker.

On 21st March 2001 the plaintiff filed an application in Dagang 7 Kuala Lumpur High Court for leave to issue and serve proceedings out of jurisdiction against the defendant pursuant to Order 6 rule 6 and Order 11 of the Rules of the High Court 1980.

On 10th April 2001 leave was granted by Dagang 7 High Court (Exhibit "A-1" Enclosure 67) which read as follows:

"DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR

(BAHAGIAN DAGANG)

GUAMAN SIVIL NO. D7-24-79 TAHUN 2001

ANTARA

SOUTH JOHOR SECURITIES SDN BHD (No. Syarikat: 53647-D) ... PLAINTIF

DAN

ALEXANDER CODSI (British PassportNo. 500158602) ... DEFENDAN

DI HADAPAN PENOLONG KANAN PENDAFTAR

TUAN K.M. NITHI