Court approves 1MDB’s application for substituted service in suit against Jho Low and five others

KUALA LUMPUR (Oct 6): 1Malaysia Development Bhd (1MDB) and its four subsidiaries received court approval on Wednesday to serve papers on fugitive financier Low Taek Jho (Jho Low) and five others by way of substituted service in a US$3.78 billion suit.

The application by 1MDB and the subsidiaries, which were represented by the law firm Skrine, was allowed by High Court deputy registrar Nor Afidah Idris.

Skrine's counsel, Siva Kumar Kanagasabai, confirmed this when The Edge contacted him.

Substituted Service is an indirect method available to serve court papers when personal service is not possible, and includes advertisement in newspapers and placement of notices in court premises. If the defendants are abroad, then the plaintiff may engage someone from the Malaysian embassy to pass the court documents.

Last month, Siva Kumar indicated that IMDB will file an application for substituted service after three unsuccessful attempts to serve the legal documents on Jho Low and the five others.

The five are Jho Low’s father Tan Sri Larry Low Hock Peng, mother Puan Sri Goh Gaik Ewe, sister May Lin and brother Low Taek Szen, and associate Eric Tan Kim Loong.  

IMDB’s lawyers had looked for Jho Low and his parents at their address in Penang. Meanwhile, May Lin is said to be in Singapore and Taek Szen in Hong Kong.

The Edge reported in July that 1MDB had amended its writ and filed a 48-page statement of claim to seek a total of US$3.78 billion against the six defendants.

This compares to the original writ filed last May 7, where 1MDB and its subsidiaries sought a claim of US$1.4 billion against Jho Low, Hock Peng, May Lin and Tan.

1MDB and its subsidiaries — 1MDB Energy Holdings Ltd 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd and Global Diversified Investment Company Ltd (formerly 1MDB Global Investments Ltd — named Goh and Taek Szen as additional defendants in the amended writ and statement of claim.

In the statement of claim, 1MDB alleges that a sum of US$3.78 billion was received by Jho Low from 1MDB, another US$2.795 billion by Tan, while US$979.852 million was received by Hock Peng.

Meanwhile, US$3.5 million was allegedly received by May Lin and US$27.5 million by Taek Szen, in addition to US$1.695 million worth of jewellery by Goh.

The plaintiffs are seeking a return of the funds in addition to damages to be assessed by the court.

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