LIM PEI YING LIM HUI TING

LIM PEI YING LIM HUI TING

Notice of appeal was filed after the 14-day period and no admissible affidavit or sufficient reason was before the Court to warrant extension of time; the solicitors' affidavit was inadmissible under Rule 28 and O.41 r.5, therefore no jurisdiction existed to hear the appeal and the appeal is incompetent and must be...

Source-derived case information.

Citation
JB-11ANCVC-3-04/2021 (ENCLOSURE 4) (Mahkamah Tinggi)
Parties
Appellant: Lim Pei Ying; Respondent: Lim Hui Ting
Court
ENCLOSURE 4
Jurisdiction
Malaysia
Judgment Date
17 November 2021
Case Number
JB-11ANCVC-3-04/2021 (ENCLOSURE 4) (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Application for Extension of Time to File Notice of Appeal and Preliminary Objection to Competence
Outcome
Appeal dismissed in limine for being incompetent; application for extension of time dismissed
Legal Topics
Extension of Time, Notice of Appeal, Competency of Appeal, Affidavit by Solicitor, Rule 28 Legal Profession (practice and Etiquette) Rules 1978, Order 55 Rules of Court 2012
Civil Procedure Appellate Procedure Legal Profession/ethics Enforcement of Judgment Extension of Time Notice of Appeal Competency of Appeal Affidavit by Solicitor +2 more

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Summary, issues, holding and outcome

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Parties

Lim Pei Ying

Appellant

Lim Hui Ting

Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time to File Notice of Appeal and Preliminary Objection to Competence

Legal Issues

  1. 1 Whether the notice of appeal filed out of time rendered the appeal incompetent
  2. 2 Whether the Court should grant extension of time to file the notice of appeal
  3. 3 Whether an affidavit affirmed by the appellant's solicitor is admissible under Rule 28 and O.41 r.5

Ratio Decidendi

Notice of appeal was filed after the 14-day period and no admissible affidavit or sufficient reason was before the Court to warrant extension of time; the solicitors' affidavit was inadmissible under Rule 28 and O.41 r.5, therefore no jurisdiction existed to hear the appeal and the appeal is incompetent and must be dismissed in limine.

Court Disposition

Appeal dismissed in limine for being incompetent; application for extension of time dismissed

Orders

  • Enclosure 4 (application to strike out appeal) allowed
  • Enclosure 6 (application for extension of time) dismissed with costs