Albon (t/a N A Carriage Co) v Naza Motor Trading SDN BHD & Anor

Albon (t/a N A Carriage Co) v Naza Motor Trading SDN BHD & Anor

There was good reason to authorise alternative service on Naza Motors due to their obstructive conduct, the imminent expiry of the claim form, and the need to avoid injustice and unnecessary cost. The claimant's actions were reasonable in the circumstances, and any alleged non-disclosure was not material or intentional. The application to set aside the alternative service order was therefore dismissed.

Parties
Claimant: Nigel Peter Albon (trading as N A Carriage Co); Defendant: Naza Motor Trading SDN BHD; Defendant: Tan Sri Dato Nasimuddin Amin
Jurisdiction
England and Wales
Judgment Date
09 March 2007
Procedural Posture
Civil / Ruling on Application to Set Aside Alternative Service Order
Outcome
Application dismissed
Legal Topics
Service of Process, Alternative Service, Jurisdiction, Arbitration, Disclosure Obligations
Civil Procedure Service of Process Alternative Service Jurisdiction Arbitration Disclosure Obligations

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Parties

Nigel Peter Albon (trading as N A Carriage Co)

Claimant

Naza Motor Trading SDN BHD

Defendant

Tan Sri Dato Nasimuddin Amin

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Alternative Service Order

Legal Issues

  1. 1 Whether there was good reason to authorise service by an alternative method under CPR Part 6.8
  2. 2 Whether the conduct of the defendant justified the grant of an alternative service order
  3. 3 Whether there was material non-disclosure by the claimant on the application for alternative service

Ratio Decidendi

There was good reason to authorise alternative service on Naza Motors due to their obstructive conduct, the imminent expiry of the claim form, and the need to avoid injustice and unnecessary cost. The claimant's actions were reasonable in the circumstances, and any alleged non-disclosure was not material or intentional. The application to set aside the alternative service order was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Application by Naza Motors to set aside the Alternative Service Order is dismissed.