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

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

Because the appellants failed to file and serve the record of appeal within the time prescribed by Order 55 rule 5(3) and their application for extension was dismissed, the appeal was struck off.

Citation
JA-12ANCVC-37-10/2020 [ENCLOSURE 1] (Mahkamah Tinggi)
Parties
Appellants: LAU KOK GUAN @ LOW KOK GUAN & 2 OTHERS; Respondents: GAN SU YONG & ANOTHER
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2021
Case Number
JA-12ANCVC-37-10/2020 [ENCLOSURE 1] (Mahkamah Tinggi)
Procedural Posture
Appeal From Sessions Court (civil) / Appeal Struck Off for Failure to File Record of Appeal; Application to Extend Time Dismissed
Outcome
Appeal struck off; no order as to costs.
Legal Topics
Record of Appeal, Extension of Time, Order 55 Rule 5(3) Rules of Court 2012, Strike Off Appeal, Summary Judgment Enforcement
Source Language
Malay/English
Civil Procedure Appeal Enforcement Summary Judgment Record of Appeal Extension of Time Order 55 Rule 5(3) Rules of Court 2012 Strike Off Appeal +1 more

Case Brief

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Parties

LAU KOK GUAN @ LOW KOK GUAN & 2 OTHERS

Appellants

GAN SU YONG & ANOTHER

Respondents

Procedural Posture

Appeal From Sessions Court (civil) / Appeal Struck Off for Failure to File Record of Appeal; Application to Extend Time Dismissed

Legal Issues

  1. 1 Whether failure to file the record of appeal within 30 days under Order 55 rule 5(3) justified striking off the appeal
  2. 2 Whether an extension of time should be granted to file the record of appeal
  3. 3 Consequences of no record being filed or served on the respondents

Ratio Decidendi

Because the appellants failed to file and serve the record of appeal within the time prescribed by Order 55 rule 5(3) and their application for extension was dismissed, the appeal was struck off.

Court Disposition

Appeal struck off; no order as to costs.

Orders

  • Appeal struck off
  • No order as to costs