Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Ex parte proceedings

Legal area

Court

2 Apr 2024

ISTIMA SEMPURNA SDN BHD MATHAN A/L HARI KRISHNAN

Citation

WA-16A-27-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-16A-27-06/2023 (Mahkamah Tinggi)

Application to adduce fresh evidence dismissed because the Industrial Court had found notices were served and had proceeded ex parte, the appellant failed to file a Statement in Reply and sought to introduce unpleaded issues on rehearing which would prejudice the respondent and circumvent pleading rules; therefore the court would not disturb the finding of service and would not admit the fresh evidence.
25 Oct 2020

Mohd Azrin bin Mohd Amin 1. Public Bank Berhad 2. Mahkamah Perusahaan

Citation

JA-25-10-04/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-10-04/2020 (Mahkamah Tinggi)

The Chairman's decision/orders of 30.9.2019 amounted to an "award" under section 2 of the Industrial Relations Act 1967; the applicant's challenge to those orders was therefore subject to the three‑month time limit in O.53 r.3(6) and was filed out of time; independently, the application failed to comply with mandatory procedural requirements (O.53 r.3(2) pleading of grounds and O.41 r.11 exhibits), so the judicial review application was defective and must be dismissed.