Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Procedure under rules of court 2012

Legal area

Court

17 Jan 2024

Dinding Development Sdn Bhd (Dalam Likuidasi) CITYVILLA CONSTRUCTION SDN BHD

Citation

JA-24NCvC-1064-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-1064-09/2023 (Mahkamah Tinggi)

The application was dismissed because the applicant sought declarations and orders affecting defendants (D2–D4) whose JIDs had not been set aside by them in the proper proceedings; the court could not, in these proceedings, make orders binding those defendants or government departments (per s54 Specific Relief Act 1950) without the correct procedural steps having been taken.
7 Jan 2021

OFFICE 2 GO (M) SDN BHD PROBINA PROJEK SDN BHD

Citation

WA-24C-71-03/2020 & WA-24C-93-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-71-03/2020 & WA-24C-93-05/2020 (Mahkamah Tinggi)

The Court dismissed the setting aside and stay applications and allowed enforcement: the adjudicator had considered the VIR and gave reasons for rejecting it, O2G failed to prove denial of natural justice or excess of jurisdiction, O2G failed to demonstrate clear and unequivocal errors or a realistic risk that Probina cannot repay such that a stay under s16 CIPAA was justified, and the procedural omission of exhibiting a certified true copy of the AD was curable by court order requiring Probina to file a CTC within seven working days.