Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Filing of affidavits

Legal area

Court

20 Mar 2023

1. ) Anjur Ekar Sdn Bhd 2. ) WCM Oil & Gas Sdn Bhd 1. ) AMS Engineering Sdn Bhd 2. ) Mohd Shah bin Hashim

Citation

CA-22NCC-12-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

CA-22NCC-12-09/2019 (Mahkamah Tinggi)

The application to file the additional affidavit (Lampiran 118) was dismissed because it was filed without prior leave after the related motion had been fixed for decision, constituted an afterthought, introduced new issues (including res judicata) not raised in the original Notice of Motion and would prejudice the Plaintiffs; accordingly the application lacked merit and was dismissed with costs.
2 Sept 2021

KER BOON KEE 1. TAN SIN HWA 2. TIANG NIK UNG 3. ANG YONG SOON 4. PACIFIC GOLD ENTERPRISE SDN BHD 5. PACIFIC GOALS SDN BHD

Citation

JA-24NCC-32-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCC-32-12/2019 (Mahkamah Tinggi)

The Fourth Defendant failed to demonstrate special or sufficient circumstances to justify extending time; the delay was long and inordinate, reasons proffered (solicitor's mistake, negligence, loss of documents) do not amount to adequate grounds in law, and granting extension would prejudice the conduct and timetable of the proceedings; accordingly the court exercises its discretion to refuse the extension and dismisses the application with costs.