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2021 MarsdenLR 1523

FEDERAL COURT PUTRAJAYA
GOH TENG WHOO & ANOR – Appellant
Versus
AMPLE OBJECTIVES SDN BHD – Respondent


Petitioner Advocates:Kirubakaran,Jasvinjit Singh ,Respondent Advocate: Mansur Ussaimi Mohd Salleh,Mohd Shahir Mohd Isa

JUDGMENT

Abdul Rahman Sebli FCJ:

[1] The question of law for our determination concerns the service of a writ and statement of claim ("the writ" for convenience). The question is as follows:

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"Whether, considering the relevant provisions in O 10, O 13 and O 62 of the Rules of and s 114(f) of the Evidence Act and s 12 of the Interpretations Acts 1948, 1967, where service of a Writ is alleged to have been carried out by way of sending the same to a defendant by AR Registered post pursuant to O 10, r 1(1) of the Rules of , 2012, can the Court seal a judgment in default of appearance notwithstanding that the Affidavit of Service does not exhibit the AR Registered Card containing an endorsement as to receipt by the defendant himself or someone authorised to accept service of the same on his behalf?"

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[2] The proposition behind the question is that where the plaintiff/respondent elects to effect service of a writ by AR Registered post rather than by personal service, he must produce the acknowledgement of receipt card ("AR card") as proof of such service before the Court can enter final judgment in default of appearance ("JID") against the defendant/appelant.

[3] The appellants' submission

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