DONG MOON SOO v 1. ) SNC PROCESS SERVICES SDN BHD 2. ) CHO SEUNG JIN

wa-24ncc-348-08-2021 High Court (Mahkamah Tinggi) 13 January 2025 • WA-24NCC-348-08/2021 • 15 min read
6 cases cited (0 SG, 6 foreign)

Catchwords

Substituted Service of the Originating Summons dated 17.8.2021 was properly granted - It is trite that the Court will adopt a pragmatic approach to the application of the Practice Note - It is sufficient if it is substantially followed - The Practice Note is not law, but merely a direction for administrative purpose – Plaintiff has exercised all reasonable due diligence - purpose of substituted service of an originating process is to bring notice of the existence of legal proceedings to a defendant or respondent - the Judgment obtained by the Plaintiff was regular and should not be set aside ex debito justitiae – Although the 2nd Defendant did not appear and did not file any affidavits to oppose the OS, this does not mean that the OS was not heard on its merits when the Judgment was granted - the purported defence put forth was nothing more than bare allegations unsupported by evidence - the Judgment was deemed served on the 2nd Defendant on 26.4.2022 after substituted service was effected according to the SS Order for Judgment - There was an undue delay of 2 years and the 2nd Defendant has failed to show satisfactory reasons or grounds for this delay.

Judges (1)

Ong Chee Kwan Delivered

Counsel (6)

Christina Chia Law Chambers Firm Skrine Firm Evangeline Koay Counsel Plaintiff Lim Koon Huan Counsel Plaintiff Siew Kar Yan Counsel Plaintiff Wong Chee Ming Counsel Defendant

Parties (3)

SNC PROCESS SERVICES Sdn Bhd Respondent Cho Seung Jin Respondent Dong Moon Soo Applicant

Case Significance

DONG MOON SOO v 1. ) SNC PROCESS SERVICES SDN BHD 2. ) CHO SEUNG JIN is a High Court (Mahkamah Tinggi) decision dated January 13, 2025 (citation: wa-24ncc-348-08-2021). The case was decided by Ong Chee Kwan.

What was the outcome of DONG MOON SOO v 1. ) SNC PROCESS SERVICES SDN BHD 2. ) CHO SEUNG JIN?

DONG MOON SOO v 1. ) SNC PROCESS SERVICES SDN BHD 2. ) CHO SEUNG JIN is a High Court decision dated January 13, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)
Rules of Court 2012

Cases Cited (6)

MY (6)
[1982] 1 MLJ 126 [2000] 5 MLJ 510 [2009] 4 MLJ 610 [2010] 4 MLJ 241 [2020] 5 MLJ 502 [2021] 1 CLJ 499

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncc-348-08-2021)