1. ) JANACOM KONSORTIUM SDN BHD 2. ) JANACON TRADING SDN BHD 3. ) JANATHANAN A/L GOVINTHA NAIR LE TOUR DU MONDE SDN BHD

1. ) JANACOM KONSORTIUM SDN BHD 2. ) JANACON TRADING SDN BHD 3. ) JANATHANAN A/L GOVINTHA NAIR LE TOUR DU MONDE SDN BHD

The appeal was dismissed because the supporting affidavit for the extension was filed outside the 14-day period without the court's permission, the explanation for delay was solicitor error not a clerical mistake and therefore not a reasonable ground to exercise discretion to extend time, and absent a proper affidavit the court could not exercise its discretion to enlarge time or set aside the default judgment.

Citation
WA-12ANCvC-21-02/2025 (Mahkamah Tinggi)
Parties
Appellant/defendant: JANACOM KONSORTIUM SDN BHD; Appellant/defendant: JANACON TRADING SDN BHD; Appellant/defendant: JANATHANAN A/L GOVINTHA NAIR; Respondent/plaintiff: LE TOUR DU MONDE SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 May 2025
Case Number
WA-12ANCvC-21-02/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Application for Extension of Time to File Record and to Set Aside Default Judgment; Appeal Dismissed and Record Filing Application Refused
Outcome
Application for extension of time dismissed; appeal struck out/cancelled; application for stay of execution became academic
Legal Topics
Extension of Time, Default Judgment (judgment in Default of Defence), Filing of Record of Appeal, Affidavit Filed Out of Time, Strict Compliance With Court Rules
Source Language
Malay/English
Civil Procedure Contract Construction Law Extension of Time Default Judgment (judgment in Default of Defence) Filing of Record of Appeal Affidavit Filed Out of Time Strict Compliance With Court Rules

Case Brief

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Parties

JANACOM KONSORTIUM SDN BHD

Appellant/defendant

JANACON TRADING SDN BHD

Appellant/defendant

JANATHANAN A/L GOVINTHA NAIR

Appellant/defendant

LE TOUR DU MONDE SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Application for Extension of Time to File Record and to Set Aside Default Judgment; Appeal Dismissed and Record Filing Application Refused

Legal Issues

  1. 1 Whether the High Court should grant extension of time to file the record of appeal
  2. 2 Whether affidavit in support filed out of time without leave can be considered
  3. 3 Whether the delay was excusable (clerical error) or inexcusable (solicitor error)

Ratio Decidendi

The appeal was dismissed because the supporting affidavit for the extension was filed outside the 14-day period without the court's permission, the explanation for delay was solicitor error not a clerical mistake and therefore not a reasonable ground to exercise discretion to extend time, and absent a proper affidavit the court could not exercise its discretion to enlarge time or set aside the default judgment.

Court Disposition

Application for extension of time dismissed; appeal struck out/cancelled; application for stay of execution became academic

Orders

  • Application at Annexure 3 for extension of time and for leave to file supporting affidavit dismissed
  • Appeal at Annexure 1 (appeal against Sessions Court decision) is cancelled/struck out