1. ) YEOW MEI FONG 2. ) GOO CHU MOI @ GOH SIEW ENG v RUMBIA JAYA SDN. BHD.
Catchwords
Practice and Procedure – Service – Substituted service – Company defendant – Registered office and business address no longer operational – Cause papers sent by A.R. registered post returned marked “berpindah” and “tidak dituntut” – Former solicitors ceased practice – Whether ordinary service impracticable – Whether substituted service ought to be ordered – Rules of Court 2012, O 62 r 5, O 92 r 4. Practice and Procedure – Service – Dispensation from service – Relief from service – Application to proceed in defendant’s absence – Distinction between dispensation and substituted service – Whether court should dispense with service altogether where substituted service remains practicable. Practice and Procedure – Substituted service – Company defendant – Non-operational company – Registered post returned undelivered – Advertisement in newspaper – Affixing cause papers at registered office, business premises and court notice board – Whether sufficient notice to defendant. Practice and Procedure – Ex parte application – Procedural orders – Application affecting land rights – Final relief not yet determined – Whether court should adopt approach ensuring adequate notice before substantive hearing. Company Law – Service of process – Service on company – Registered office – Service by registered post – Presumption of service – Returned postal articles – Companies Act 2016, s 464 – Interpretation Acts 1948 and 1967, s 12. Practice and Procedure – Affidavit – Affidavit of service – Patent typographical error in date of posting – Whether defect fatal – Whether error capable of rectification by supplementary affidavit – Rules of Court 2012, O 1A, O 2 r 1. Land Law – Strata title – Replacement title – Vesting-type relief affecting registered land – Necessity for adequate notice to affected parties – Potential interests of chargees and parcel proprietors – Whether substituted service preferable to complete dispensation of service.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-24ncvc-23-01-2026)