Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave to file defence

Legal area

Court

27 Jan 2026

FIRDAUS WONG WAI HUNG MUHAMMAD MUNZIR BIN MUZAHAR

Citation

BA-A53CY-8-05/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A53CY-8-05/2025 (Mahkamah Sesyen)

The application for extension of time is granted because the delay was not mala fide, the defendant acted promptly upon learning of the suit, there is no substantial prejudice to the plaintiff that outweighs the interest of substantive justice, and the absence of a draft defence is not decisive when weighing all circumstances.
6 Jun 2024

PRINCIPAL ASSET MANAGEMENT BERHAD SYARMI BIN SHAMSUDDIN

Citation

WA-22NCC-469-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-469-07/2023 (Mahkamah Tinggi)

The court refused to enter judgment in default of defence, exercised its discretion under Order 12 Rule 5 to allow the Defendant to file and serve a defence because the claim involves alleged fraud and breaches of fiduciary duty that should be tried on the merits, and awarded costs to the Plaintiff for delay caused by the Defendant.