Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Appeal time limits (rule 12)
  • 20 Jan 2025

    PEMPETISYEN SARASWATHY A/P PERUMAL N ANNADURAI A/L NARAYANASAMY

    Citation
    BA-33-285-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-285-04/2024 (Mahkamah Tinggi)

    The Notice of Appeal was filed outside the mandatory 30-day period in Rule 12 and no extension was sought, rendering the appeal defective and liable to be dismissed; independently, the High Court was entitled to enter judgment and grant the reliefs claimed after the Respondent repeatedly disobeyed express directions to file a Reply/Cross-Petition (Order 34 ROC). On the merits the matrimonial home is a matrimonial asset under s.76 LRA and, having regard to contributions and circumstances, an equal division of sale proceeds is appropriate; RM1,000 per month by the father (apportioned equally be…