LAU KOK GUAN @ LOW KOK GUAN & 2 OTHERS GAN SU YONG & ANOTHER

LAU KOK GUAN @ LOW KOK GUAN & 2 OTHERS GAN SU YONG & ANOTHER

Application dismissed because appellants and their solicitors failed to act with reasonable diligence (delaying enquiries until the last day), filed the Record of Appeal in the wrong court and did not serve the respondents, thus failing to establish valid grounds for the court to exercise its discretion to extend time.

Source-derived case information.

Citation
JA- 12ANCVC-37-10/2020 (Mahkamah Tinggi)
Parties
Appellants: Lau Kok Guan @ Low Kok Guan & 2 Others; Respondents: Gan Su Yong & Another
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2021
Case Number
JA- 12ANCVC-37-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (from Sessions Court) / Application for Extension of Time to File Rekod Rayuan Under Order 3 R 5 ROC
Outcome
Application dismissed
Legal Topics
Extension of Time to File Record of Appeal, Record of Appeal and Service, Non Compliance With Order 55 R 5(3), Summary Judgment Enforcement
Civil Procedure Appeals Court Practice and Procedure Extension of Time to File Record of Appeal Record of Appeal and Service Non Compliance With Order 55 R 5(3) Summary Judgment Enforcement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lau Kok Guan @ Low Kok Guan & 2 Others

Appellants

Gan Su Yong & Another

Respondents

Procedural Posture

Civil Appeal (from Sessions Court) / Application for Extension of Time to File Rekod Rayuan Under Order 3 R 5 ROC

Legal Issues

  1. 1 Whether court should grant extension of time to file Record of Appeal under Order 3 r 5 ROC
  2. 2 Whether technical/administrative e‑filing failures and former solicitors remaining on record constitute sufficient cause
  3. 3 Whether failure to file in High Court and failure to serve respondents defeats application

Ratio Decidendi

Application dismissed because appellants and their solicitors failed to act with reasonable diligence (delaying enquiries until the last day), filed the Record of Appeal in the wrong court and did not serve the respondents, thus failing to establish valid grounds for the court to exercise its discretion to extend time.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs of RM1,000.00 subject to allocatur fees