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2000 MarsdenLR 230

HIGH COURT MALAYA PULAU PINANG
RE YEAP CHEE FUN EX P PERNAS TRADING SDN BHD


Petitioner Advocates:Wong King Fun ,Respondent Advocate: Lim Su Kun

Table of Content
1. chronology of service attempts. (Para 2 , 6 , 13)
2. grounds of appeal for service validity. (Para 14 , 30)
3. court rationale on evasion of service. (Para 24 , 25 , 27 , 34)
Abdul Hamid Mohamad J:

[1] To get a clearer picture of this proceeding I shall first set out the chronology of events.

[2] The judgment creditor caused the bankruptcy notice to be issued on 24 December 1997. Three attempts were made to serve the notice, but on all occasions the process server was told that the judgment debtor had gone out. So, on 6 February 1998, the process server affirmed an affidavit of non-service.

[3] On 18 February 1998, the judgment creditor filed a summons-in-chambers for an order of substituted service. An order was obtained on 2 April 1998.

[4] Between 15 May 1998 and 29 May 1998 the judgment creditor served the bankruptcy notice by posting it on the court's notice board, on the judgment debtor's premises and by advertisement.

[5] Creditor's petition was filed on 2 July 1998. Two attempts were made on 11 August 1998 and 13 August 1998 to serve the creditors petition on the judgment debtor but on both occasions the process server was told that the judgment debtor had gone o

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