Malaysia Case Law: Decisions & Judgments

Topic

Extension of time and delay

Legal area

Court

4 Feb 2021

Great Eastern General Insurance (Malaysia) Berhad (Company No.: 12249-P) … Plaintiff KL Risk Management Sdn Bhd (Company No.: 185671-T)

Citation

WA-12ANCC-105-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-105-11/2020 (Mahkamah Tinggi)

The appeal is dismissed because the application to set aside the Judgment in Default of Appearance was filed beyond the 30-day period mandated by Order 42 r 13 without a satisfactory explanation for delay, and the proposed defence to the debt claim amounted to a bare denial lacking merit; therefore the Sessions Court's refusal to set aside the JID was correct.
30 Nov 2020

PROPEL SYNERGY SDN BHD VISTASIK SDN BHD

Citation

WA-24C(ARB)-39-09/2019 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-39-09/2019 (Mahkamah Tinggi)

Court held that PSSB proved on balance that one part of the Award (Arbitrator’s findings on delay in certification of payments and delay in payment — Ground No.5) contained decisions beyond the scope of the submission and must be set aside under s37(1)(a)(v) read with s37(3); the remainder of the Award dealt with matters within the submission, is separable, and is recognized and enforceable under s38 AA 2005; costs RM15,000 awarded to Vistasik for each originating summons.
1 Jul 2020

CHUBB SAMAGGI INSURANCE PUBLIC COMPANY LIMITED (Company Registration No.: 0107537001510) BEST RE (L) LIMITED (Company Registration No.: LL07490/License No.: TA20120002)

Citation

WA-24NCC(ARB)-35-09/2018 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-35-09/2018 (Mahkamah Tinggi)

The application for extension of time was refused because the respondent failed to provide a satisfactory explanation for inordinate delay; consequently the application to set aside the registration/enforcement order was dismissed as time-barred and without merit. On the merits the court held that challenges to the arbitral award's consolidation should properly be litigated at the seat (Thailand) and the alleged wrong corporate name was a clerical issue that did not defeat enforcement. The filings were treated as part of a mala fide attempt to frustrate enforcement; costs were awarded to the…

Malaysia Case Law

Great Eastern General Insurance (Malaysia) Berhad (Company No.: 12249-P) … Plaintiff KL Risk Management Sdn Bhd (Company No.: 185671-T)

PROPEL SYNERGY SDN BHD VISTASIK SDN BHD

CHUBB SAMAGGI INSURANCE PUBLIC COMPANY LIMITED (Company Registration No.: 0107537001510) BEST RE (L) LIMITED (Company Registration No.: LL07490/License No.: TA20120002)