CMR GLOBAL (M) SDN BHD TRANS-COASTAL LINES SDN BHD

CMR GLOBAL (M) SDN BHD TRANS-COASTAL LINES SDN BHD

The court refused to exercise its discretion to extend time because the appellant failed to provide an acceptable explanation for the delay (case number had been assigned and notified), failed to show sufficient material demonstrating arguable merits, and did not demonstrate due diligence; therefore the application for extension of time was dismissed and costs awarded to the respondent.

Citation
BA-12ANCvC-97-08/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant in Original Suit: CMR Global (M) Sdn Bhd; Respondent/plaintiff in Original Suit: Trans-Coastal Lines Sdn Bhd; Garnishee/judgment Debtor's Bank Earmarked Funds: Standard Chartered Bank Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 May 2023
Case Number
BA-12ANCvC-97-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Garnishee Proceedings / Application for Extension of Time to File Record of Appeal; Interlocutory Appeal Heard in High Court (judge in Chambers)
Outcome
Application for extension of time dismissed; no extension granted and appeal thereby rendered incompetent to proceed on its merits
Legal Topics
Extension of Time, Non‑compliance With Procedural Rules, Overriding Objective (order 1 A), Irregularity and Curing Defects (order 2), Order 55 R.5 Rules of Court 2012
Source Language
Malay/English
Civil Procedure Appeals Enforcement of Judgment Garnishment Extension of Time Non‑compliance With Procedural Rules Overriding Objective (order 1 A) Irregularity and Curing Defects (order 2) +1 more

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Parties

CMR Global (M) Sdn Bhd

Appellant/defendant in Original Suit

Trans-Coastal Lines Sdn Bhd

Respondent/plaintiff in Original Suit

Standard Chartered Bank Malaysia Berhad

Garnishee/judgment Debtor's Bank Earmarked Funds

Procedural Posture

Civil Appeal From Sessions Court Garnishee Proceedings / Application for Extension of Time to File Record of Appeal; Interlocutory Appeal Heard in High Court (judge in Chambers)

Legal Issues

  1. 1 Whether the High Court should exercise its discretion to extend time to file the Record of Appeal under Order 3 r.5 Rules of Court 2012
  2. 2 Whether non‑compliance with Order 55 r.5(3) (failure to file Record of Appeal within one month) justifies dismissal of the appeal
  3. 3 Whether the appellant established sufficient reason for delay and arguable merits to justify extension of time

Ratio Decidendi

The court refused to exercise its discretion to extend time because the appellant failed to provide an acceptable explanation for the delay (case number had been assigned and notified), failed to show sufficient material demonstrating arguable merits, and did not demonstrate due diligence; therefore the application for extension of time was dismissed and costs awarded to the respondent.

Court Disposition

Application for extension of time dismissed; no extension granted and appeal thereby rendered incompetent to proceed on its merits

Orders

  • Application for extension of time dismissed
  • Appellant to pay respondent costs of RM3,000