9 May 2025
Hyundai Elevator Sales & Services Sdn Bhd Perbadanan Pengurusan Pandan Heights Condominium A
- Citation
- WA-11BNCvC-12-03/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11BNCvC-12-03/2024 (Mahkamah Tinggi)
The court held that Order 55 r.3(5) of the Rules of Court 2012 is mandatory; the Appellant failed to apply for the grounds of judgment within the prescribed period and did not provide a justified reason for the omission; Order 1A cannot cure an intentional or unexplained failure to comply with a mandatory rule; accordingly the preliminary objection succeeds, Enclosure 25 is dismissed with costs and the appeal is struck off as not properly before the court.