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JUDGMENT

(1) This is my judgment in respect of the 1st defendants application to set aside the notice of the writ and the service thereof. The prayers are as follows:

(a) the notice of writ be set aside pursuant to Order 12 Rule 7 of the Rules of the High Court 1980;

(b) the service of the notice of writ be set aside pursuant to Order 12 Rule 7 of the Rules of High Court 1980; and

(c) costs of this application be borne by the plaintiff.

(2) The grounds of the application can be summarised as follows:

(a) the service of the notice of writ out of jurisdiction is irregular as it is contrary to Order 11 Rule 6 of the Rules of the High Court 1980;

(b) the issue and service of the notice of writ out of jurisdiction is invalid for non-compliance with Order 11 Rule 1 of the Rules of the High Court 1980; and

(c) the 1st defendant is a private limited company incorporated under the laws of Vietnam with a principal place of business and registered address in Vietnam.

(3) During the course of hearing the learned counsel for the 1st defendant had indicated to the court that the issue can be confined to the question whether the mode of service on the 1st defendant in Malaysia is regula

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