AT Engineering Solution Sdn Bhd Rank Electronics Sdn Bhd

AT Engineering Solution Sdn Bhd Rank Electronics Sdn Bhd

Failure to serve the Notice of Appeal on the respondent within the prescribed time under Order 55 r.3(4) is a fundamental, jurisdictional defect that renders the appeal incompetent and incurable; Order 55 r.13 does not empower the court to cure non-service of the Notice of Appeal; the appeal is therefore struck out.

Citation
PA-11BNCvC-4-03/2023 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: AT ENGINEERING SOLUTION SDN BHD (631531-X); Respondent Defendant: RANK ELECTRONICS SDN BHD (1039886-D)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 February 2024
Case Number
PA-11BNCvC-4-03/2023 (Mahkamah Tinggi)
Procedural Posture
Appeal From Magistrates Court to High Court (civil) / Judgment on Application to Strike Out Appeal
Outcome
Application to strike out allowed; appeal struck out.
Legal Topics
Service of Notice of Appeal, Order 55 Rule 3(4) ROC 2012, Order 55 Rule 13 ROC 2012, Competency of Appeal, Strike Out
Source Language
Malay/English
Civil Procedure Appeals Magistrates Court Appeals Service of Notice of Appeal Order 55 Rule 3(4) ROC 2012 Order 55 Rule 13 ROC 2012 Competency of Appeal Strike Out

Case Brief

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Parties

AT ENGINEERING SOLUTION SDN BHD (631531-X)

Appellant Plaintiff

RANK ELECTRONICS SDN BHD (1039886-D)

Respondent Defendant

Procedural Posture

Appeal From Magistrates Court to High Court (civil) / Judgment on Application to Strike Out Appeal

Legal Issues

  1. 1 Whether failure to serve Notice of Appeal within prescribed time renders the appeal incompetent
  2. 2 Whether the High Court may permit service of the Notice of Appeal out of time under Order 55 r.13
  3. 3 Whether inadvertence and absence of prejudice excuse non-compliance with mandatory service requirements

Ratio Decidendi

Failure to serve the Notice of Appeal on the respondent within the prescribed time under Order 55 r.3(4) is a fundamental, jurisdictional defect that renders the appeal incompetent and incurable; Order 55 r.13 does not empower the court to cure non-service of the Notice of Appeal; the appeal is therefore struck out.

Court Disposition

Application to strike out allowed; appeal struck out.

Orders

  • Appellant's appeal is struck out.
  • Appellant to pay costs of RM7,000 to Respondent by 7.3.2024.