Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 46 rules
  • 23 Nov 2022

    WA-12AM-2-07/2022 (Mahkamah Tinggi)

    Citation
    WA-12AM-2-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12AM-2-07/2022 (Mahkamah Tinggi)

    The appeal is allowed and the Sessions Court's grant of leave and Writ of Execution is set aside because the Respondent failed to provide the mandatory and sufficient explanation for its failure to execute the Judgment within the six‑year period (specifically failed to explain the period August–December 2021), and the short post‑lapse filing delay was held reasonable in the circumstances (COVID emergency), making the 1st‑tier explanation decisive and absent.