Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ineffective counsel not excuse
  • 4 Jan 2024

    SALEH BIN NANYAN

    Citation
    RA-42JSKS-2-03/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    RA-42JSKS-2-03/2023 (Mahkamah Tinggi)

    The court refused to exercise its discretion under s.310 KPJ because the new counsel had received the grounds on 12/7/2023 and had sufficient time to file the petition within 14 days; the 40‑day delay to 4/9/2023 was inordinate, unsupported by satisfactory or compelling reasons, caused by negligence or counsel's failure, and incompetence of counsel is not a lawful excuse, therefore the appeal was deemed withdrawn under s.307(9) and the motion for extension was dismissed.