Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Default judgment/striking out
  • 15 Apr 2025

    PEMPETISYEN GONASWARI A/P THEYAGASON RAJAN A/L KRISHNAN

    Citation
    JA-33-413-08/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-33-413-08/2024 (Mahkamah Tinggi)

    The petition was allowed because the Appellant failed to comply with peremptory court directions to file an Answer by the court‑imposed deadline, the default attracted the sanction permitted by Order 34 ROC and related authorities, no cogent explanation was offered, and the proper remedy for challenging the order was an application to set aside rather than an out‑of‑time appeal; the Appellant's solicitor's failures compounded the default and justified the order.