15 Jun 2023
1. ) TAN HAN KWAN 2. ) TAN MEI LI 3. ) TAN SU LI 1. ) BLUEFIRE DEVELOPMENT SDN BHD 2. ) CH'NG KONG SAN
- Citation
- 22NCC-200-06/2014 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-200-06/2014 (Mahkamah Tinggi)
The application to set aside the ex parte leave was allowed because the ex parte material suffered fundamental procedural defects (non-compliance with Order 40A formalities and failure of full and frank disclosure under Order 52 Rule 3(2)), those defects could not be cured by subsequent trial evidence or findings, and the committal exercise was rendered academic by the conclusion of the trial; therefore the ex parte leave had been wrongly obtained and must be set aside.