Rohman Norhakim bin Abd Aziz [Seorang kurang upaya yang menuntut melalui bapanya Abdul Aziz bin Yatiman sebagai wakil litigasi beliau] 1. ) Ismail bin Mohd Yusak 2. ) Liberty Insurance Berhad [No. Sykt: 16688-K]

Rohman Norhakim bin Abd Aziz [Seorang kurang upaya yang menuntut melalui bapanya Abdul Aziz bin Yatiman sebagai wakil litigasi beliau] 1. ) Ismail bin Mohd Yusak 2. ) Liberty Insurance Berhad [No. Sykt: 16688-K]

Application dismissed because delay of six months was inordinate, applicant failed to provide good and substantial reasons (no affidavit or explanation from former solicitor), and failed to demonstrate that the appeal had some chance of success; absence of proven prejudice to respondent did not outweigh the first three factors, so discretion was refused.

Citation
12B-49-03/2019 (Mahkamah Tinggi)
Parties
Appellant (represented Through Litigation Representative Abd Aziz Bin Yatiman): Rohman Norhakim bin Abd Aziz; First Respondent: Ismail bin Mohd Yusak; Second Respondent: Liberty Insurance Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 July 2020
Case Number
12B-49-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (application for Extension of Time) / Application to Extend Time to Serve Notice and Record of Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Service of Notice of Appeal, Rules of Court, Discretionary Relief, Merits Assessment
Source Language
Malay/English
Civil Procedure Tort (motor Vehicle Accident) Insurance Law Extension of Time Service of Notice of Appeal Rules of Court Discretionary Relief Merits Assessment

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Parties

Rohman Norhakim bin Abd Aziz

Appellant (represented Through Litigation Representative Abd Aziz Bin Yatiman)

Ismail bin Mohd Yusak

First Respondent

Liberty Insurance Berhad

Second Respondent

Procedural Posture

Civil Appeal (application for Extension of Time) / Application to Extend Time to Serve Notice and Record of Appeal

Legal Issues

  1. 1 Whether to grant an extension of time to serve the notice of appeal and record of appeal
  2. 2 Whether solicitor's default constitutes sufficient cause for the delay
  3. 3 Whether the proposed appeal has some chance of success (merits)

Ratio Decidendi

Application dismissed because delay of six months was inordinate, applicant failed to provide good and substantial reasons (no affidavit or explanation from former solicitor), and failed to demonstrate that the appeal had some chance of success; absence of proven prejudice to respondent did not outweigh the first three factors, so discretion was refused.

Court Disposition

Application dismissed

Orders

  • Plaintiff's application for extension of time to serve the notice of appeal and record of appeal is dismissed