ARIF SHAM BIN MOHD NOR 1. MOHD RUZAIDIE BIN MOHD SIDIK 2. ROHIM BIN JAAFAR

ARIF SHAM BIN MOHD NOR 1. MOHD RUZAIDIE BIN MOHD SIDIK 2. ROHIM BIN JAAFAR

The application was dismissed because the notice of application failed to comply with Form 57 by not stating sufficient particulars, the affidavit did not sufficiently particularise or demonstrate meritorious grounds to justify setting aside the order, and solicitor oversight does not constitute adequate material to exercise the court's discretion under O 34 r 6 ROC.

Citation
DA-12A-9-04/2018 & DA-12B-22-03/2018 (Mahkamah Tinggi)
Parties
Appellant: Arif Sham bin Mohd Nor; 1st Respondent: Mohd Ruzaidie bin Mohd Sidik; 2nd Respondent: Rohim bin Jaafar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2020
Case Number
DA-12A-9-04/2018 & DA-12B-22-03/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Application to Set Aside Strike Out of Appeal (o 34 R 6 Roc) and Related Appeals Dismissed
Outcome
Application dismissed; related appeal dismissed.
Legal Topics
Setting Aside Orders, Strike Out for Non Attendance, Form 57 Compliance, Solicitor Negligence as Excuse, Discretionary Relief
Source Language
Malay/English
Civil Procedure Appeals Setting Aside Orders Strike Out for Non Attendance Form 57 Compliance Solicitor Negligence as Excuse Discretionary Relief

Case Brief

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Parties

Arif Sham bin Mohd Nor

Appellant

Mohd Ruzaidie bin Mohd Sidik

1st Respondent

Rohim bin Jaafar

2nd Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Strike Out of Appeal (o 34 R 6 Roc) and Related Appeals Dismissed

Legal Issues

  1. 1 Whether the application under O 34 r 6 ROC was properly brought and within time
  2. 2 Whether the notice of application complied with Form 57 requirements
  3. 3 Whether the applicant provided sufficient material and pleaded merits to justify setting aside the order

Ratio Decidendi

The application was dismissed because the notice of application failed to comply with Form 57 by not stating sufficient particulars, the affidavit did not sufficiently particularise or demonstrate meritorious grounds to justify setting aside the order, and solicitor oversight does not constitute adequate material to exercise the court's discretion under O 34 r 6 ROC.

Court Disposition

Application dismissed; related appeal dismissed.

Orders

  • Application dismissed with costs
  • Related appeal DA-12B-22-03/2018 dismissed