S Nantha Balan JCA:

Introduction

[1] On 19 November 2019, Able Food Sdn Bhd (Company No 1033584-V) ("respondent") filed an action in the High Court of Malaya in Kuala Lumpur, to wit, Suit No: WA-22NCC-653-11/2019 ("Suit 653") against Open Country Dairy Limited (Company No 1911063) ("appellant") for alleged breach of contract(s) in, inter alia, supplying instant whole milk powder ("IWMP") of unmerchantable quality.

[2] The appellant was incorporated in New Zealand. Until the present dispute erupted, the respondent was a customer of the appellant. In Suit 653, the respondent's claim against the appellant was for special damages in the sum of USD3,493,048.80 plus general damages for loss of profit and loss of market.

[3] The respondent obtained leave of the High Court under O 11 r 1(1)(F) and r 4 Rules of 2012 ("ROC") and claimed that they had duly served the Notice of Writ on the appellant in New Zealand. However, the appellant alleged that the Notice of Writ was not regularly served on the appellant in New Zealand as the Malaysian consular authority in New Zealand had forwarded the same to them by post, instead of by hand. Thus, it was alleged that service was not in accordance