Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Extension of time to appeal

Legal area

Court

21 Jun 2023

Hishamuddin Bin Othman

Citation

BL-44-7-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-44-7-04/2023 (Mahkamah Tinggi)

Applicant failed to provide a satisfactory explanation for the near four‑month delay; evidence indicated applicant knew the appeal process and was represented at trial; prison assistance was available; delay excessive and unexplained; exercise of discretion under s.310 CPC to extend time was refused and the motion dismissed.
28 Feb 2023

EMMANUEL ERWIN RAJ LIFELINE AMBULANCE SDN BHD

Citation

BA-24NCvC-2134-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2134-12/2022 (Mahkamah Tinggi)

The application was dismissed because the applicant failed to demonstrate cogent and satisfactory grounds to justify extension of time; the delay was excessive, the applicant and his solicitors were aware of the proceedings and summary judgment, mandatory time limits under the Rules of Court were breached and could not be cured by general discretion, and granting extension would be an abuse of process and prejudicial to the respondent.