5 Jul 2022
1. ) TMT INDUSTRY SDN. BHD. 2. ) XXXX 3. ) MD LEON FUAT METAL SDN. BHD.
- Citation
- BA-12ANCC-52-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCC-52-08/2021 (Mahkamah Tinggi)
The Notice of Appeal was not served within the mandatory 14-day period under Order 55 Rule 5(2) ROC 2012; service and filing requirements are read together and non-service renders the appeal incompetent and incurable; absent cogent reasons the court will not grant an extension of time to file the Record of Appeal, therefore the Respondent's application to set aside the Notice of Appeal is allowed and the Appellants' application for extension is dismissed.