Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Appeal period

Legal area

Court

28 Jan 2025

AUMADA ENERGY & TECHNOLOGIES (M) SDN BHD KENNY BENARD SAW

Citation

WA-24-71-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24-71-07/2024 (Mahkamah Tinggi)

The High Court held that s.33C IRA 1967 prescribes a mandatory 14-day appeal period which the court is not empowered to extend under O.3 r.5 RC 2012 or by inherent jurisdiction absent plausible, legitimate and compelling grounds; the plaintiff's ignorance of the law and solicitor's mistake did not justify extension; the Originating Summons failed and was dismissed with costs RM2,000.
27 Feb 2023

MOHAMAD BASRI IZAN BIN SAID MOHAMMAD KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL

Citation

CB-16-4-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-16-4-07/2022 (Mahkamah Tinggi)

The High Court exercised its power under section 25(2) Schedule item 8 read with the Rules of Court 2012 to extend the 60‑day filing period in section 91 ESSA because the time limit concerned procedure (not the cause of action) and the statute is social legislation requiring purposive interpretation; on the facts the insured's deviation to buy food en route to drop his wife was a reasonable interruption within section 24 and therefore the JRKS decision was set aside and the appeal allowed on the merits.