PERBADANAN PENGURUSAN SRI WANGI KAWALAN KESELAMATAN DAMAI SDN BHD

PERBADANAN PENGURUSAN SRI WANGI KAWALAN KESELAMATAN DAMAI SDN BHD

The High Court dismissed the interlocutory appeal and affirmed the Sessions Court: the appellant failed to comply with the mandatory 30-day period under Order 42 r13 and did not seek an earlier extension of time; the 30 May 2022 order was a regular judgment made after consideration of affidavits and written submissions and therefore not susceptible to ex debito justitiae; the appellant failed to demonstrate a meritorious defence; consequently the application under Appendix 16 was correctly refused and the appeal is dismissed.

Citation
JA-12ANCvC-18-09/2024 (Mahkamah Tinggi)
Parties
Appellant/perayu: Perbadanan Pengurusan Sri Wangi; Respondent/responden: Kawalan Keselamatan Damai Sdn Bhd (No. 783394-9)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 November 2025
Case Number
JA-12ANCvC-18-09/2024 (Mahkamah Tinggi)
Procedural Posture
Interlocutory Civil Appeal Under Rule 55(5), Rules of Court 2012 / High Court Appeal From Sessions Court Decision Refusing Application to Extend Time and Set Aside Judgment (appendix 16)
Outcome
Appeal dismissed; Sessions Court decision affirmed
Legal Topics
Setting Aside Judgment, Regular Vs Irregular Judgment, Ex Debito Justitiae, Extension of Time, Meritorious Defence, Service and Receipt of Judgment
Source Language
Malay/English
Civil Procedure Judgment and Orders Service of Process Limitation/time Bars Setting Aside Judgment Regular Vs Irregular Judgment Ex Debito Justitiae Extension of Time +2 more

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Parties

Perbadanan Pengurusan Sri Wangi

Appellant/perayu

Kawalan Keselamatan Damai Sdn Bhd (No. 783394-9)

Respondent/responden

Procedural Posture

Interlocutory Civil Appeal Under Rule 55(5), Rules of Court 2012 / High Court Appeal From Sessions Court Decision Refusing Application to Extend Time and Set Aside Judgment (appendix 16)

Legal Issues

  1. 1 Whether the appellant's application under Appendix 16 is barred by failure to comply with Order 42 rule 13 (30-day mandatory time limit) and absence of an earlier application for extension of time
  2. 2 Whether the Order dated 30 May 2022 is a regular judgment or an irregular judgment capable of being set aside ex debito justitiae
  3. 3 Whether the appellant has a meritorious defence that justifies reopening a regular judgment despite excessive delay

Ratio Decidendi

The High Court dismissed the interlocutory appeal and affirmed the Sessions Court: the appellant failed to comply with the mandatory 30-day period under Order 42 r13 and did not seek an earlier extension of time; the 30 May 2022 order was a regular judgment made after consideration of affidavits and written submissions and therefore not susceptible to ex debito justitiae; the appellant failed to demonstrate a meritorious defence; consequently the application under Appendix 16 was correctly refused and the appeal is dismissed.

Court Disposition

Appeal dismissed; Sessions Court decision affirmed

Orders

  • Appeal dismissed
  • Order of the Sessions Court dated 30 May 2022 (including default judgment) is confirmed and maintained