Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Validity of notice of appeal
  • 19 Jan 2024

    TAN KEE FATT THIROUBATHAY A/P KADIRAPAN

    Citation
    CB-11BNCvC-2-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-11BNCvC-2-08/2023 (Mahkamah Tinggi)

    Appellant failed to establish compliance with the mandatory service provisions within the time limit; the failed email did not satisfy Aturan 63A kaedah 17 requirements and the service was to be assessed under Aturan 62; no cogent justification existed to extend time under Aturan 3 kaedah 5 because extension would prejudice the respondent; accordingly the appellant's application for validation/extension was dismissed and the respondent's application to set aside the defective notice of appeal was allowed with costs, rendering the notice of appeal invalid.