Development & Commercial Bank Berhad v. Aspatra Corporation Sdn. Bhd. & Anor. [1996] 1 CLJ 141 FC:
“A person cannot approbate and reprobate, so that if a person becomes aware of an irregularity of service and then subsequently takes a further step in the action which could be only useful if the service had been good, the said irregularity is waived. See also Rein v. Stein [1892] 60 LT 469, 471; Boyle v. Sacker [1889] 39 Ch. D 249, CA. We are in entire agreement with the decision in Fry & Moore, supra. The 2nd defendant had asked for leave to file an appearance and to file a statement of defence, clearly indicating that he wanted to go into the fray in full swing and that the matter of irregular service was a matter of the past; no longer an issue.”
