Malaysia legislation
Section 3B
Seksyen 3B
Dispute as to jurisdiction (O. 28, r. 3B)
(1)
A defendant who wishes to dispute the jurisdiction of the Court in the proceedings by reason of any irregularity in the originating summons or service thereof or in any order giving leave to serve the originating summons out of the jurisdiction or extending the validity of the originating summons for the purpose of service or on any other ground shall, within twenty-one days after the service of the originating summons and supporting affidavit or affidavits on him, apply to the Court for—
(a)
an order setting aside the originating summons or service of the originating summons on him;
(b)
an order declaring that the originating summons has not been duly served on him;
(c)
the discharge of any order giving leave to serve the originating summons on him out of the jurisdiction;
P.U. (A) 205 124
(d)
the discharge of any order extending the validity of the originating summons for the purpose of service;
(e)
the protection or release of any property of the defendant seized or threatened with seizure in the proceedings;
(f)
the discharge of any order made to prevent any dealing with any property of the defendant;
(g)
a declaration that in the circumstances of the case the Court has no jurisdiction over the defendant in respect of the subject matter of the claim or the relief or remedy sought in the action; or
(h)
such other relief as may be appropriate.
(2)
A defendant who wishes to contend that the Court should not assume jurisdiction over the action on the ground that Malaysia is not the proper forum for the dispute shall, within twenty-one days after the service of the originating summons and supporting affidavit or affidavits on him, apply to the Court for an order staying the proceedings.
(3)
An application under paragraph (1) or (2) shall be made by a notice of application supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit shall be served with the notice of application.
(4)
On the hearing of an application under paragraph (1) or (2), the Court may make such order as it thinks fit and may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.
P.U. (A) 205 125
Supporting affidavits (O. 28, r. 3C)