1. ) FIRDAUS KHAN BIN PARIT KHAN 2. ) ANITA AWAT RAM BINTI ABDULLAH CIMB BANK BERHAD

1. ) FIRDAUS KHAN BIN PARIT KHAN 2. ) ANITA AWAT RAM BINTI ABDULLAH CIMB BANK BERHAD

The Court exercised its discretionary power under r 93 RCA to grant the extension of time and leave to file the supplementary record of appeal containing the High Court written judgment and the memorandum of appeal because the delay was caused solely by non-availability of the High Court written judgment, no...

Source-derived case information.

Citation
W-02(A)-475-03/2021 (Mahkamah Rayuan)
Parties
Appellant: Firdaus Khan bin Parit Khan; Appellant: Anita Awat Ram binti Abdullah; Respondent: CIMB Bank Berhad
Court
A
Jurisdiction
Malaysia
Judgment Date
24 April 2024
Case Number
W-02(A)-475-03/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Interlocutory Application for Extension of Time (notice of Motion Enc. 7)
Outcome
Notice of motion (Enc. 7) allowed; extension of time and leave granted to file supplementary record of appeal containing High Court written judgment and memorandum of appeal
Legal Topics
Extension of Time, Record of Appeal, Memorandum of Appeal, Rule Interpretation, Preliminary Objection, Dismissal for Non Compliance, Stare Decisis, Costs
Civil Procedure Appellate Practice Insolvency Law Extension of Time Record of Appeal Memorandum of Appeal Rule Interpretation Preliminary Objection +3 more

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Summary, issues, holding and outcome

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Parties

Firdaus Khan bin Parit Khan

Appellant

Anita Awat Ram binti Abdullah

Appellant

CIMB Bank Berhad

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Extension of Time (notice of Motion Enc. 7)

Legal Issues

  1. 1 Whether r 18(7) RCA mandates filing a record of appeal containing a memorandum of appeal within 90 days where the High Court written judgment is not available before the 90 day period
  2. 2 Whether respondent may raise a preliminary objection or seek dismissal/strike out solely for non-compliance with r 18(7) RCA
  3. 3 Whether appellant can obtain enlargement of time under r 93 RCA to file a supplementary record of appeal containing the High Court written judgment and memorandum of appeal

Ratio Decidendi

The Court exercised its discretionary power under r 93 RCA to grant the extension of time and leave to file the supplementary record of appeal containing the High Court written judgment and the memorandum of appeal because the delay was caused solely by non-availability of the High Court written judgment, no substantial miscarriage of justice to the respondent was shown under r 3A, and non-compliance with r 18(7) alone does not mandate dismissal given r18(7A), r102 and the court's duty to regard the justice of the case; the broad grounds in Aliff Syukri were held per incuriam and not binding on this panel for the issues concerning r18(7A).

Court Disposition

Notice of motion (Enc. 7) allowed; extension of time and leave granted to file supplementary record of appeal containing High Court written judgment and memorandum of appeal

Orders

  • Extension of time and leave granted for 2nd appellant to file the supplementary record of appeal (which included the High Court written judgment and memorandum of appeal)
  • 2nd appellant to pay costs of RM2,000.00 to the respondent