RADZIWILL MOHAMED ALI 1. ) DEVERE AND PARTNERS (L) LIMITED 2. ) DEVERE GROUP DUBAI

RADZIWILL MOHAMED ALI 1. ) DEVERE AND PARTNERS (L) LIMITED 2. ) DEVERE GROUP DUBAI

The application to renew the writ was dismissed because, although the plaintiff filed within the statutory timeframe, the affidavit did not demonstrate serious, continuous efforts to effect service within the previous writ's validity as required by Order 6 r 7(2A) and binding authorities; the plaintiff's limited...

Source-derived case information.

Citation
WA-22NCvC-832-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Radziwill Mohamed Ali; 1st Defendant: Devere and Partners (L) Limited; 2nd Defendant: Devere Group Dubai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 March 2023
Case Number
WA-22NCvC-832-12/2018 (Mahkamah Tinggi)
Procedural Posture
Application to Renew Writ for Service Out of Jurisdiction (fifth Renewal) / Application Hearing and Dismissal
Outcome
Application to renew writ dismissed
Legal Topics
Extension of Writ, Service Out of Jurisdiction, Order 6 Rule 7(2 A) Rules of Court 2012, Due Diligence in Service, Dismissal for Non Compliance
Civil Procedure Private International Law Extension of Writ Service Out of Jurisdiction Order 6 Rule 7(2 A) Rules of Court 2012 Due Diligence in Service Dismissal for Non Compliance

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Parties

Radziwill Mohamed Ali

Plaintiff

Devere and Partners (L) Limited

1st Defendant

Devere Group Dubai

2nd Defendant

Procedural Posture

Application to Renew Writ for Service Out of Jurisdiction (fifth Renewal) / Application Hearing and Dismissal

Legal Issues

  1. 1 Whether the High Court should grant a fifth renewal of the writ for service out of jurisdiction
  2. 2 Whether the plaintiff proved serious and continuous efforts to effect service within the validity of the prior writ as required by Order 6 r 7(2A) Rules of Court 2012
  3. 3 Whether reliance on embassy/foreign service without sufficient follow up satisfies the duty to attempt service

Ratio Decidendi

The application to renew the writ was dismissed because, although the plaintiff filed within the statutory timeframe, the affidavit did not demonstrate serious, continuous efforts to effect service within the previous writ's validity as required by Order 6 r 7(2A) and binding authorities; the plaintiff's limited follow up near expiry and reliance on embassy letters was insufficient to justify a fifth renewal.

Court Disposition

Application to renew writ dismissed

Orders

  • Application to renew the writ for service out of jurisdiction (fifth renewal) is dismissed