Techware Enterprise Sdn Bhd Tan Yang Tee

Techware Enterprise Sdn Bhd Tan Yang Tee

Defendant's delay was excessive, explanations were not cogent, and granting an extension would cause serious prejudice to the plaintiff that cannot be compensated by costs; accordingly the extension of time is refused, the notice of appeal is incompetent and struck out, and the stay of execution is dismissed.

Citation
PA-12ANCvC-25-06/2023 (Mahkamah Tinggi)
Parties
Appellant: 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
Appeal / Appellate Judgment
Outcome
Application for extension of time dismissed; notice of appeal struck out as incompetent; application for stay of execution dismissed.
Legal Topics
Extension of Time, Summary Judgment, Notice of Appeal, Stay of Execution, Liquidated Ascertained Damages, Prejudice and Delay
Source Language
Malay/English
Civil Procedure Appeals Contract Property Company Law Extension of Time Summary Judgment Notice of Appeal +3 more

Case Brief

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Parties

Techware Enterprise Sdn Bhd

Appellant

Tan Yang Tee

Respondent

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether to grant extension of time to file notice of appeal filed out of time
  2. 2 Whether the appeal filed out of time is competent
  3. 3 Whether to grant a stay of execution pending appeal

Ratio Decidendi

Defendant's delay was excessive, explanations were not cogent, and granting an extension would cause serious prejudice to the plaintiff that cannot be compensated by costs; accordingly the extension of time is refused, the notice of appeal is incompetent and struck out, and the stay of execution is dismissed.

Court Disposition

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

Orders

  • Enclosure 4 dismissed with costs of RM7000 to be paid by the defendant to the plaintiff by 15.1.2024 subject to allocatur.
  • Enclosure 1 (the appeal) struck out as incompetent with costs of RM3000 to be paid by the defendant to the plaintiff by 15.1.2024 subject to allocatur.