JUDGMENT

Kang Hwee Gee J:

[1] This is an appeal by the plaintiff against the decision of the senior assistant registrar in allowing the defendant's application to set aside the writ of summons allegedly served on him at Projenco Ltd, Clifton House, No. 318A Kings Road, Reading RG 4JE, England, United Kingdom on 13 October 2005.

[2] The plaintiff's claim against the defendant is for monies allegedly due from the defendant arising from trading in securities by which the plaintiff acted as defendant's sharebroker.

[3] On 21 March 2001 the plaintiff filed an application in Dagang 7 Kuala Lumpur High Court for leave to issue and serve proceedings out of jurisdiction against the defendant pursuant to O. 6 r. 6 and O. 11 of the Rules of the High Court 1980.

[4] On 10 April 2001 leave was granted by Dagang 7 High Court (exh. "A1" encl. 67) which read as follows:

DALAM MAHKAMAH TINGGI MALAYA DI

KUALA LUMPUR

(BAHAGIAN DAGANG)

GUAMAN SIVIL NO. D7-24-79 TAHUN 2001

ANTARA

SOUTH JOHOR SECURITIES SDN BHD(No. Syarikat: 53647-D) ... PLAINTIF

DAN

ALEXANDER CODSI(British Passport No. 500158602) ... DEFENDAN

DI HADAPAN PENOLONGKANAN PENDAFTARTUAN K.M. NITHIYAANANTHAMPADA 10 HARIBULAN APRIL 2001 DALAM