Malaysia Case Law: Decisions & Judgments

Topic

Overriding objective (order 1a)

Legal area

Court

26 May 2023

CMR GLOBAL (M) SDN BHD TRANS-COASTAL LINES SDN BHD

Citation

BA-12ANCvC-97-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-97-08/2022 (Mahkamah Tinggi)

The court refused to exercise its discretion to extend time because the appellant failed to provide an acceptable explanation for the delay (case number had been assigned and notified), failed to show sufficient material demonstrating arguable merits, and did not demonstrate due diligence; therefore the application for extension of time was dismissed and costs awarded to the respondent.
29 Dec 2022

Ismail Khan Bin Zainal Abidin Kalai Selvan A/l Sundrasagaran

Citation

JA-A52NCvC-87-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-87-03/2022 (Mahkamah Sesyen)

Extension granted because delay was short (3 days) and explained by a reasonable and non-negligent handover to newly appointed solicitors; plaintiff demonstrated arguable/triable issues and prospects of success on appeal; defendant failed to provide cogent affidavit evidence of prejudice or meaningfully rebut the plaintiff's evidential assertions; accordingly discretion under Order 3 r.5 was properly exercised to grant 14 days extension and a stay of execution pending determination of the extension and appeal; costs in the cause.
16 Jun 2021

A'DALE ADHAM BIN MOHD AYAHUDIN (NO. K/P: 870805-14-5741) IZZWAN DATUK ISAHAK (NO. K/P: 881002-14-5047)

Citation

WA-12ANCvC-68-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-68-03/2021 (Mahkamah Tinggi)

The appeal was dismissed because the pleadings and exhibited agreement raise triable issues as to whether the appellant was personally bound by the Agreement, making striking out inappropriate; the Sessions Court’s decision was one a reasonable judge could reach; procedural defects in the Writ were technical, did not oust jurisdiction and could be cured under Order 1A, so the claim must proceed to trial.
10 Dec 2020

Chia Wai Cheong Koh Ming Kwang

Citation

BA-11A-6-02/2020 (Lampiran 12) (Mahkamah Tinggi)
Court

Lampiran 12
Case number

BA-11A-6-02/2020 (Lampiran 12) (Mahkamah Tinggi)

The court exercised its discretion under Order 3 r.5 read with the overriding objective (Order 1A) to grant an extension of time because the delay was short (about six weeks), the appellant presented arguable triable defences and counterclaims raising real issues (encroachment, maintenance, nuisance), the mode of service and background (prior small claims suit struck out) made it likely that a refusal would cause substantial injustice, and any prejudice to the respondent was compensable by costs; accordingly leave was granted to regularise the appeal subject to costs and conditions.
21 Oct 2020

Ng Mei Oy Jee Jee Hoe

Citation

PA-B52NCVC-34-7-2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PA-B52NCVC-34-7-2019 (Mahkamah Sesyen)

Application to set aside default judgment dismissed because (1) plaintiff established posting to correct address and defendant failed to obtain postal authority confirmation of non-delivery, and (2) defendant filed the setting aside application well outside the 30‑day period under Order 42 r13 without a satisfactory explanation; merits were not considered further; costs awarded to plaintiff.

Malaysia Case Law

CMR GLOBAL (M) SDN BHD TRANS-COASTAL LINES SDN BHD

Ismail Khan Bin Zainal Abidin Kalai Selvan A/l Sundrasagaran

A'DALE ADHAM BIN MOHD AYAHUDIN (NO. K/P: 870805-14-5741) IZZWAN DATUK ISAHAK (NO. K/P: 881002-14-5047)

Chia Wai Cheong Koh Ming Kwang

Ng Mei Oy Jee Jee Hoe