Liza Chan Sow Keng JC:

GROUNDS OF JUDGMENT

Introduction

[1]Enclosure 19 is the Defendant’s Notice of Application dated 8.7.2020 to set aside the service of the Notice of Writ dated 23.12.19 as well as to challenge the jurisdiction of the Courts in Malaysia to hear the dispute pursuant to Order 12 Rule 10 (1) and/or (2) of the Rules of Court 2012 (“ROC 2012”) and/or the inherent jurisdiction of the Court.

[2]The relevant cause papers are as follows:

(a)The Defendant’s Notice of Application dated 8.7.2020 (“Enclosure 19”);

(b)The Defendant’s Affidavit in Support dated 1.7.2020 (“Defendant’s Affidavit 1”);

(c)The Plaintiff’s Affidavit in Reply dated 27.7.2020 (“Plaintiff’s Affidavit 1”);

(d)The Defendant’s Affidavit in Reply dated 12.8.2020 (Defendant’s Affidavit 2”);

(e)The Plaintiff’s Affidavit in Reply No. 2 dated 1.9.2020 (“Plaintiff’s Affidavit 2”);

(f)The Plaintiff’s Affidavit of Service affirmed on 29.9.2020; and

(g)The Defendant’s Affidavit in Reply No. 2 affirmed on 2.10.2020.

Background

[3]The Plaintiff is a Malaysian incorporated company in the business of manufacture and supplies of milk powder internationally.

[4]The Defendant is a New Zealand company in the business of producing, supp