Malaysia Case Law: Decisions & Judgments

Topic

Order 42 rule 13 roc 2012

Legal area

Court

10 Mar 2025

1. ) PENG WEI 2. ) WANG YAZHOU 1. ) AMBANG INTERNATIONAL SDN BHD 2. ) MOH HIONG HUA 3. ) ZHANG GENLIN

Citation

WA-22NCvC-631-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-631-11/2023 (Mahkamah Tinggi)

The court found that the defendants' pleadings and affidavit contained clear admissions that monies were received and that full payment had not been made; under Order 27 Rule 3 these admissions entitled the plaintiffs to judgment on the admitted sums, and Enclosure 46 was therefore allowed with costs. The recusal application failed because there was no real danger of bias and no pecuniary or proprietary interest by the judge; however the court allowed prayer (a) of Enclosure 43 to set aside the earlier order dismissing the strike out application and fixed Enclosure 21 for re-hearing to ensure…
21 May 2024

1. ) MOHD YUSRI BIN TAWIL 2. ) AHMAD KHAIRUL KHAIR BIN MOHD YUSRI 3. ) AHMAD KHAIR AMAR BIN MOHD YUSRI 4. ) NURUL HAMIRA YUSMA BINTI MOHD YUSRI 5. ) NUR AQILA HANI BINTI MOHD SALLEH 6. ) MOHD KHAIRUIZAM BIN MOHD TAWIL 7. ) NURAINI BINTI TAW

Citation

BL-B52NCvC-25-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B52NCvC-25-11/2020 (Mahkamah Sesyen)

The application to set aside the committal order was dismissed because the committal order was made after the court had heard and considered the merits (making the court functus officio), the proper remedy was an appeal rather than an application under Order 42 r.13, and the defendants exhibited inordinate delay of seven months without acceptable explanation; consequently the application was untenable and refused with costs RM2,000.00.
6 Mar 2024

KUANTAN TEMBELING CONDOMINIUM MANAGEMENT CORPORATION SAM SIEW CHONG

Citation

CA-A72NCvC-233-09/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-233-09/2022 (Mahkamah Majistret)

The default judgment was regular because substituted service was properly effected, the claim was a liquidated statutory liability under section 77 of the Strata Management Act and the defendant failed to demonstrate a bona fide meritorious defence; accordingly the application to set aside the default judgment is dismissed.
28 Dec 2021

22NCVC-04-07/2017 (Mahkamah Tinggi)

Citation

22NCVC-04-07/2017 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-04-07/2017 (Mahkamah Tinggi)

The 29/10/2019 judgment was a regular inter partes final judgment; Order 42 r.13 cannot be used to set aside a judgment decided on the merits by another High Court of concurrent jurisdiction; the proper remedy was appeal and not reopening the matter in the same court; accordingly Enclosure 82 is struck out and the Plaintiff is entitled to enforce the judgment by sale of the Defendant's undivided 2/3 share under Enclosure 67.

Malaysia Case Law

1. ) PENG WEI 2. ) WANG YAZHOU 1. ) AMBANG INTERNATIONAL SDN BHD 2. ) MOH HIONG HUA 3. ) ZHANG GENLIN

1. ) MOHD YUSRI BIN TAWIL 2. ) AHMAD KHAIRUL KHAIR BIN MOHD YUSRI 3. ) AHMAD KHAIR AMAR BIN MOHD YUSRI 4. ) NURUL HAMIRA YUSMA BINTI MOHD YUSRI 5. ) NUR AQILA HANI BINTI MOHD SALLEH 6. ) MOHD KHAIRUIZAM BIN MOHD TAWIL 7. ) NURAINI BINTI TAW

KUANTAN TEMBELING CONDOMINIUM MANAGEMENT CORPORATION SAM SIEW CHONG

22NCVC-04-07/2017 (Mahkamah Tinggi)