30 Sept 2024
TELEKOM MALAYSIA BERHAD SWIS RESOURCES SDN BHD
- Citation
- BA-12BNCvC-17-04/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-17-04/2024 (Mahkamah Tinggi)
The Sessions Court erred: the striking out order was made before the deadline for compliance had passed and thus before a default arose; on the facts the breach was first-time, the reason (difficulty locating a retired witness) was acceptable, there was no significant prejudice or derailing of trial and the merits were not considered; dismissal was disproportionate. Appeal allowed, striking out set aside and matter reinstated with costs awarded to Respondent (RM5,000).