Techware Enterprise Sdn Bhd Tan Yang Tee

Techware Enterprise Sdn Bhd Tan Yang Tee

Extension of time to file the Notice of Appeal was refused because the delay was excessive, no cogent explanation was provided, solicitor omissions are attributable to defendant, and granting the extension would cause greater, uncompensable prejudice to the plaintiff; the out-of-time notice rendered the appeal incompetent and the application for a stay of execution lacked special circumstances, therefore the application was dismissed and the appeal struck out with costs.

Citation
PA-12ANCvC-25-06/2023 (Mahkamah Tinggi)
Parties
Appellant (perayu): Techware Enterprise Sdn Bhd; Respondent: Tan Yang Tee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2023
Case Number
PA-12ANCvC-25-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (extension of Time to File Notice of Appeal) / Judgment on Application for Extension of Time and Appeal Competency; Appeal Struck Out
Outcome
Application for extension of time dismissed; appeal incompetent and struck out; application for stay of execution dismissed.
Legal Topics
Extension of Time, Summary Judgment, Liquidated Ascertained Damages, Stay of Execution, Appeal Competency
Source Language
Malay/English
Civil Procedure Contract Law Property Law Company Law Extension of Time Summary Judgment Liquidated Ascertained Damages Stay of Execution +1 more

Case Brief

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Parties

Techware Enterprise Sdn Bhd

Appellant (perayu)

Tan Yang Tee

Respondent

Procedural Posture

Civil Appeal (extension of Time to File Notice of Appeal) / Judgment on Application for Extension of Time and Appeal Competency; Appeal Struck Out

Legal Issues

  1. 1 Whether to grant extension of time to file and serve a Notice of Appeal out of time
  2. 2 Whether the summary judgment in the Sessions Court should be challenged on appeal (competency of appeal)
  3. 3 Whether a stay of execution of the monetary judgment should be granted pending appeal

Ratio Decidendi

Extension of time to file the Notice of Appeal was refused because the delay was excessive, no cogent explanation was provided, solicitor omissions are attributable to defendant, and granting the extension would cause greater, uncompensable prejudice to the plaintiff; the out-of-time notice rendered the appeal incompetent and the application for a stay of execution lacked special circumstances, therefore the application was dismissed and the appeal struck out with costs.

Court Disposition

Application for extension of time dismissed; appeal incompetent and struck out; application for stay of execution dismissed.

Orders

  • Enclosure 4 (application for extension of time) dismissed with costs of RM7,000 to be paid by the Respondent to the Appellant by 15.1.2024 (costs subject to allocatur)
  • Enclosure 1 (the Appeal) struck out as incompetent with costs of RM3,000 to be paid by the Respondent to the Appellant by 15.1.2024 (costs subject to allocatur)