5. Writ

Question 1

Formality & Procedure

• Defective indorsement of claim?

Answer 1

O6 General Provisions
O63 Preparation: Paper, Printing

Question 2

When is writ effective?

Answer 2

Effective when issued ie. sign sealed dated by the Registrar under O6 [Jumatsah v Voon Kim Kuet]

Question 3

Lifespan of writ

• Condition?
• Renewal?

Answer 3

6 months, time starts from the date of issue (ie. end one day earlier)

but must be served within the first month (or attempt to serve)

Renewal not automatic (2 renewals only)
[Duli Yang Amat Mulia v Datuk Captain Hamzah]
- MUST apply before expiry of writ
- Must is a strong word, stronger than Shall
- Failure to comply only curable if its not intentional non-compliance
- If can invoke whenever there’s a failure to comply then ROC would be rendered useless

Question 4

Service of Writ

• general provision
• what is personal service?
• assumption if no objection
• service in acc to K terms
• Gvnt, Partnership, Disabled
• LLP
• Companies + Change of Address
• Body Corporate
• Societies

Answer 4

• within one month although have 6 months validity
• Service of originating process O10

Personal service = INFORM D it is a writ and then leave it in the D’s possession, or as near as possible
- [Thomson v Pheney]: throw at D considers valid service

If no objection, considered duly served O10
- service acc to contractual terms valid

Gent / P/ship / Disabled: specific rules under ROC

LLP: LLP Act 2012: s76 leave or send to registered office

Companies: s16(5) Companies Act 1965: separate legal personality

• service s350: leave or send to registered office
• Change of address: change take effect from the day of lodgement coz P could have inspected lodged docs [Summit Company S/B]

Body Corporate (incl companies) O62 “Service”

Societies: Societies Act 1966 public officer or office bearer - O10/62 general provision apply

Question 5

Substituted Service

** Only applicable if D within jurisdiction

If outside jurisdiction - SS only valid if D is overseas to evade service - otherwise O11 notice of writ

Answer 5

[Re Nirmala]:
If whereabouts of D known, practice note 1/68 applies; if unknown, not applicable

Practice Note 1/68: Before applying for order for substituted service

• P must have attempted at least twice,
• the second time is by appointment either by sending AR registered letter or inform someone at the premises