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HIGH COURT MALAYA KUALA LUMPUR
DONG MOON SOO – Appellant
Versus
SNC PROCESS SERVICES SDN BHD & ANOR (ENCLS 9 16 22 & 33) – Respondent
| Table of Content |
|---|
| 1. court's dismissal of application due to lack of merit. (Para 1 , 2 , 3) |
| 2. background facts regarding the originating summons and its service attempts. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's reasoning on the regularity of the substituted service process. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court's analysis of the merits of the defense raised by the 2nd defendant. (Para 27 , 28 , 29 , 30 , 31) |
| 5. discussion on the delay in filing the application to set aside judgment. (Para 32 , 33 , 34 , 35) |
Introduction
[1] Enclosure 33 is the 2nd Defendant's Notice of Application dated 14 May 2024 to set aside:
a) the Order dated 24 September 2021 for Substituted Service of the Originating Summons dated 17 August 2021 (Encl 9) ("the OS") ("SS Order for OS");
b) the Order dated 18 November 2021 granted by this Court in respect of the prayers in the Originating Summons dated 17 August 2021 (Encl 16) ("Judgment"); and
c) the Order dated 28 March 2022 for Substituted Service of the JID (Enclosure 22) ("SS Order for Judgment").
[2] Consequential and or in addition to the above prayers, the 2nd Defendant also prayed for:
a) leave t
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