Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 46 rule 2(1)(a)
  • 4 Mar 2022

    WA-22A-743-2011 (Mahkamah Tinggi)

    Citation
    WA-22A-743-2011 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22A-743-2011 (Mahkamah Tinggi)

    The court refused leave because the plaintiff failed to furnish cogent and sufficient reasons for the delay as required by Order 46 r 3: only a single reminder was sent within the first six years, no follow-up enforcement was taken, dividend payments were received after the six-year period and were insignificant, and the application was filed over ten years after judgment; therefore the discretionary grant of leave could not be exercised in favour of the plaintiff.