28 Feb 2024
PALANIANDY A/L SADAYAN 1. ) REGU A/L VEDY KAUNDAN 2. ) MANI ARASI A/P CHANDRAN
- Citation
- WA-12ANCvC-133-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-133-08/2023 (Mahkamah Tinggi)
The trial judge properly exercised her discretion in refusing a further adjournment given the appellant's repeated failures to attend, the defendants' readiness to proceed, and the appellant's conduct which pointed to deliberate absence; the judgment was given after a hearing on merits and therefore the proper remedy was appeal rather than setting aside under Order 35 r 2; additionally, procedural breaches (late service of record) and lack of strong prospects of success warranted dismissal of the appeals with costs.