KUALA LUMPUR (Sept 14): After failing three times to hand over legal documents to their stipulated addresses in Malaysia, lawyers for 1Malaysia Development Bhd (1MDB) will be applying to the court to utilise substituted service to serve them to Jho Low, his parents Tan Sri Larry Low Hock Peng and Puan Sri Goh Gaik Ewe, and associate Eric Tan Kim Loong.
The application for substituted service will be filed this week, said counsel Siva Kumar Kanagasabai from Skrine.
“We have updated the court that we have made three attempts at personal service on local defendants at their addresses without success. We will file an application for substituted service by this week.
“The court has fixed Oct 6 for the next case management,” he told theedgemarkets.com.
The case management today was before High Court deputy registrar Nor Afidah Idris.
A substituted service is where law firms would advertise in newspapers and place notices in the court premises.
The address of Jho Low, whose real name is Low Taek Jho, Hock Peng and Goh are in Penang, while Tan's is in Kepong.
Besides the trio, Jho Low's sister Low May Lin — whose address is in Singapore — and his brother Low Taek Szen — based in Hong Kong — are named as the other defendants.
Taek Szen's and Goh's names were added in the amended writ and statement of claim filed by 1MDB.
The Edge had reported in July that 1MDB had amended its writ and filed a 48-page statement of claim to seek a total of US$3.7837 billion against Jho Low, his two siblings, parents and Tan.
This is compared to the original writ filed last May 7, where 1MDB and its subsidiaries initially sought a claim of US$1.402 billion against Jho Low, Hock Peng, May Lin and Tan, who were the original defendants.
Besides 1MDB, the other subsidiaries 1MDB Energy Holdings Ltd (1MDHL), 1MDB Energy Ltd (1MEL), 1MDB Energy (Langat) Ltd (1MELL) and Global Diversified Investment Company Ltd (formerly 1MDB Global Investments Ltd (1MGIL)) had also named Goh and Taek Szen as additional defendants.
In the statement of claim, 1MDB alleges that a sum of US$3.784 billion was allegedly received by Jho Low from 1MDB, another US$2.795 billion by Tan — who is named as the co-conspirator — while US$979.852 million was received by Hock Peng.
Meanwhile, US$3.5 million was received by May Lin, US$27.5 million by Taek Szen whereas US$1.695 million worth of jewellery was obtained by Goh.
Hence, they are seeking a return of the funds in addition to damages to be assessed by the court.