20 Mar 2025
Loke Chee Wah 1. ) Salmi Binti Mohd Shafie 2. ) Hani Ezra Binti Hussin
- Citation
- PA-12ANCvC-43-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCvC-43-09/2023 (Mahkamah Tinggi)
The High Court allowed the appeal because the plaintiff had filed substantial pre-trial material and the defendants were also non-compliant; the Sessions Court's outright cancellation of the action was premature and disproportionate where an 'unless order' or other less drastic measure should have been considered, therefore the cancellation was set aside and the matter remitted for trial.