10 Jul 2020
Jeganathan a/l Paramachivain Liberty Insurance Berhad
- Citation
- PA-12A-9-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12A-9-03/2019 (Mahkamah Tinggi)
The Sessions Court was wrong to treat itself as functus officio; O28 r4(1) permits rehearing of orders made in absence. The proviso to s96(3) RTA confers a statutory right on third parties to be made parties and to contest, thus privity does not bar the appellant. Courier service to a known address is equivalent to personal/AR service and was prima facie effective; absence of proof that the appellant personally received the declaratory order meant the 30‑day period under O42 r13 had not commenced so there was no inordinate delay. The appellant disclosed a bona fide defence on the merits (titl…