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2025 MarsdenLR 6804

HIGH COURT (TAWAU)
JWS KO, JC
CIMB Bank Bhd – Appellant
Versus
Comsa Layer Farms Sdn Bhd & Anor – Respondent


Advocates:
Suzana bt Mohammad Shuhaimi (Fernandez & Co) for the respondent/plaintiff.
Liew Hon Min (Liew Hon Min & Co) for the appellants/defendants.

JWS Ko JC

[1]I dismiss the appellants'/defendants' appeal in chambers against the 30 ruling of the senior assistant registrar in dismissing the defendants' application to set aside judgment in default of appearance and for leave to enter defence and/or counterclaim:

SERVICE OF WRITSignificance of registered office

[2]Counsel for the defendants has strongly relied on the failure of the plaintiff to serve the writs to them by AR registered post to their respective registered office addresses which would be reliance on Companies Act 1965s350O 62 r 4(1)(b) of the RHC 1980.

[3]It is noted that the plaintiff's affidavit of service affirmed 30 November 2007 for service of the writ upon the first defendant (exh CLF3 of the defendants' affidavit in support of Datuk Kour Nam Ngum affirmed 5 March 2009) is fraught with errors on the date of service in relation to the exhibited registered post slips. Noted also that the plaintiff was peppering each of the defendants with due process in the matter through three different addresses.

[4]It has been held by Mohamed Dzaiddin J (as he then was) in Lee Boon Tatt & Ors v Takhdir Trading Sdn Bhd s 350 O 62 r 4(1)(b) which 'says if there be more offices than

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