Mayban Finance Bhd v Umas Sdn Bhd & Anor [2002] 4 MLJ 276

“I regret I find no merit in this argument of the first defendant. In the case of a locally incorporated company, the law allows for at least four modes of service of a writ against it, namely, by leaving a copy of it at the registered office, or by sending a copy of it by registered post addressed to the registered office of the company, or by sending it by registered post to the principal office of the company, or by handing a copy of it to the secretary or director or principal officer of the company. A reading of 0. 62 r. 4 RHC and s. 350 of the Companies Act which contain the abovementioned provisions regarding service against a company, show that those provisions regarding the mode of service are alternative to each other and merely directory.
Having provided several alternative modes of service against a company, the law has left it entirely to the discretion of a plaintiff to select which of the several modes of service is the most effective and prompt means of effecting service of process and when a plaintiff has so chosen, there can be no question of him having to explain or justify his selection of one mode over the other….”

Mayban Finance Bhd v Umas Sdn Bhd & Anor [2002] 4 MLJ 276

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