ZARINA BINTI MOHD ALI Universiti Malaysia Pahang (UMP)

ZARINA BINTI MOHD ALI Universiti Malaysia Pahang (UMP)

The application for extension of time was dismissed because the applicant delayed 16 days beyond the mandatory 14-day filing period, offered no reasonable or acceptable explanation (the delay was due to solicitor error), and the relevant discretionary factors did not support granting relief; strict compliance with the procedural time limit is required.

Citation
CA-12B-1-03/2023 (Mahkamah Tinggi)
Parties
Perayu/defendan: Zarina binti Mohd Ali; Responden/plaintif: Universiti Malaysia Pahang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2023
Case Number
CA-12B-1-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Application for Extension of Time to File Notice of Appeal Under Order 5(1) Rule 3/kaedah Kaedah Mahkamah 2012
Outcome
Application for extension of time to file Notice of Appeal dismissed
Legal Topics
Extension of Time, Filing Deadlines, Rules of Court Compliance, Solicitor Negligence
Source Language
Malay/English
Civil Procedure Appeals Enforcement Extension of Time Filing Deadlines Rules of Court Compliance Solicitor Negligence

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Parties

Zarina binti Mohd Ali

Perayu/defendan

Universiti Malaysia Pahang

Responden/plaintif

Procedural Posture

Civil Appeal From Sessions Court / Application for Extension of Time to File Notice of Appeal Under Order 5(1) Rule 3/kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether extension of time to file Notice of Appeal should be granted despite 16-day delay
  2. 2 Whether solicitor's oversight constitutes a reasonable explanation for delay
  3. 3 Application of mandatory procedural requirement to file Notice of Appeal within 14 days

Ratio Decidendi

The application for extension of time was dismissed because the applicant delayed 16 days beyond the mandatory 14-day filing period, offered no reasonable or acceptable explanation (the delay was due to solicitor error), and the relevant discretionary factors did not support granting relief; strict compliance with the procedural time limit is required.

Court Disposition

Application for extension of time to file Notice of Appeal dismissed

Orders

  • Application under Order 5(1) Rule 3 Kaedah-Kaedah Mahkamah 2012 dismissed
  • No extension of time granted to file Notice of Appeal