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Practice Note No. 1 - Application For Substituted Service in The High Court in Malaysa - The Malaysian Bar

1. This document outlines the practice for applying for substituted service in the High Court of Malaya, which follows the practice in the High Court of England as provided in Order 10 Rule 2 of the Rules of the Supreme Court 1957. 2. It details the requirements for applications, including making two calls at reasonable times and dates to the defendant's known address, with the second call being by appointment letter given at least two clear days' notice. 3. Compliance with these practices, including providing details of efforts made to contact the defendant in the affidavit, will ensure applications for substituted service are properly grounded rather than merely claiming the defendant is evading service.

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2K views1 page

Practice Note No. 1 - Application For Substituted Service in The High Court in Malaysa - The Malaysian Bar

1. This document outlines the practice for applying for substituted service in the High Court of Malaya, which follows the practice in the High Court of England as provided in Order 10 Rule 2 of the Rules of the Supreme Court 1957. 2. It details the requirements for applications, including making two calls at reasonable times and dates to the defendant's known address, with the second call being by appointment letter given at least two clear days' notice. 3. Compliance with these practices, including providing details of efforts made to contact the defendant in the affidavit, will ensure applications for substituted service are properly grounded rather than merely claiming the defendant is evading service.

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Haikal Adnin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Practice Note No.

1: Application for substituted service in the High Court in Malaysa


7 May 2005 12:00 am

JUDICIAL DEPARTMENT, MALAYA


PRACTICE NOTE NO. 1 OF 1968
APPLICATION FOR SUBSTITUTED SERVICE IN THE HIGH COURT N MALAYA
The practice governing applications for, substituted service in the High Court In Malaya shall follow that in
High Court in England, as provided for in order 10 rule 2 of the Rules of the Supreme Court 1957. The pract
taken from the 1957 White Book, page 88, is here reproduced.

1. Two calls should be made

2. The calls should be made at the defendant's residence, permanent or temporary, if known; ot
wise, or if the claim relates to the defendant's business, at his business address. If the defendant
left the address given on the writ, this shun Id be stated in the affidavit. if a copy of the document to
served is left, it must be in a sealed envelope addressed to the defendant.

3. The calls should be made on weekdays and at reasonable hours.

4. Each call should be on a separate day.

5. The second call should be made by appointment by letter sent to the defendant by ordinary pre
letter post, giving not less than two clear days' notice, enclosing . copy of the document to be serv
and offering an opportunity of making a different appointment.

6. On keeping the appointment the process server should inquire whether the defendant has rece
the letter of appointment with the copy document, and if it is stated that the defendant, is away, inq
should be made whether ., not letters ace being or have been forwarded to an address within
jurisdiction ; the object is to show that the defendant has received communications sent to him.

7. The affidavit in support of the application should deal with all the forego rig requirements and sho
further state whether the letter of appointment has been returned or not, and any answer rece
should be exhibited. A copy of the document to be served should accompany the affidavit.

No prescribed form is necessary for the tenor of appointment

The letter of appointment should ordinarily be sent by the solicitor for the plaintiff after ascertaining from
process servers in the High Court and other Courts their available times and dates from the second call.
facts regarding the letter of appointment should be stated in the affidavit in support.

Compliance with the above practice will ensure that the application for substituted service will be grounded
other than a mere statement that the defendant is evading service. Such a statement should never
sufficient to apply for an order for substituted service. If the above practice is followed, as required by
Rules of the Supreme Court 1957, the effects which have been made to find the defendant and the reasons
believing that he is keeping out of the way to avoid service will be before the Senior Assis
Registrar/Assistant Registrar before the order is made.

AU AH WAH

REGISTRAR

THE HIGH COURT REGISTRAR, THE LAW COURTS, KUALA LUMPUR.

10TH JUNE, 1968,

REF. (55) IN RSC. 91/50.

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