Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 45 r 3
  • 9 Jun 2022

    LEE LAI HOON Eng Ping Yean

    Citation
    AA-24NCvC-72-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-24NCvC-72-02/2022 (Mahkamah Tinggi)

    The Respondent's objection to mode of application failed because he did not show any of the five circumstances in Order 46 r 2(1) that would make leave necessary; technical non‑compliance does not nullify proceedings under Order 2 and Order 1A if no substantial miscarriage of justice results; Decree Nisi and subsequent orders entitled Applicant to possession after she completed purchase and registered title; therefore a Writ of Possession in Form 87A was properly issued and Bailiff authorised to use necessary force.