Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Time bar and limitation

Legal area

Court

30 Jun 2021

AZHAN HARIS BIN AJIDAN 1. LEMBAGA GETAH MALAYSIA 2. KERAJAAN MALAYSIA

Citation

BA-25-19-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-19-11/2020 (Mahkamah Tinggi)

Leave for judicial review was refused because the applications were filed well beyond the mandatory three month period under O 53 r 3(6) Rules of Court 2012; the delay was inordinate, explanations were unacceptable, the defect was jurisdictional and no extension of time should be granted, therefore the court lacked jurisdiction to hear the merits.
25 May 2021

AMANGGUL BIN PIRGUL 1. RUSLAN BIN ALIAS 2. ROSMAWATI BINTI AWANG 3. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA MALAYSIA 4. MENTERI DALAM NEGERI 5. KERAJAAN MALAYSIA

Citation

WA-25-272-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-272-09/2020 (Mahkamah Tinggi)

The leave application is dismissed because the sole relevant decision rejecting the applicant's IC application was communicated on 12.5.2017; the leave application filed on 23.9.2020 was therefore out of time under Order 53 r.3(6) ROC 2012, no application for extension of time under r.3(7) was made or justified, and subsequent letters did not constitute a new decision to revive the cause of action; accordingly the court had no jurisdiction to entertain the application.