Malaysia Case Law: Decisions & Judgments

Topic

Irregularity vs nullity

Legal area

Court

29 Dec 2022

Ismail Khan Bin Zainal Abidin Kalai Selvan A/l Sundrasagaran

Citation

JA-A52NCvC-87-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-87-03/2022 (Mahkamah Sesyen)

Extension granted because delay was short (3 days) and explained by a reasonable and non-negligent handover to newly appointed solicitors; plaintiff demonstrated arguable/triable issues and prospects of success on appeal; defendant failed to provide cogent affidavit evidence of prejudice or meaningfully rebut the plaintiff's evidential assertions; accordingly discretion under Order 3 r.5 was properly exercised to grant 14 days extension and a stay of execution pending determination of the extension and appeal; costs in the cause.
13 Jun 2022

1. ) SAAIM BIN SUNDARMAN 2. ) RABU BIN JANTAN 3. ) SHARI BIN AHAMAD 4. ) SUPIAN BIN BARDAN 5. ) CAHAYA BARU DEVELOPMENT BERHAD 1. ) ABDULLAH BIN AHMAD 2. ) FATIMAH BINTI MOIN 3. ) SADARIAH BINTI HJ ANG SUKRI 4. ) SULAIMAN BIN WASUKI 5. ) WA

Citation

JA-22NCC-100-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-100-12/2021 (Mahkamah Tinggi)

Mispleading the specific rule in the extension application was a procedural irregularity, not a fatal defect; there was no evidence of substantial miscarriage of justice or irremediable prejudice to plaintiffs and defendants gave reasonable explanations for delay, therefore the court exercised its discretion under the Rules and allowed the extension of time.
24 Dec 2019

MALAYAN BANKING BERHAD DYNASTY STREAMS SDN BHD

Citation

WA-24FC-533-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24FC-533-05/2019 (Mahkamah Tinggi)

Service of the originating summons and affidavits was valid and deemed effected under the contractual clause and Order 10 r.3; any procedural non‑compliance was a curable irregularity and did not cause injustice; the defendant failed to establish any of the narrow categories of 'cause to the contrary' under s.256 NLC to defeat the order for sale; therefore the application to set aside was dismissed and costs awarded.

Malaysia Case Law

Ismail Khan Bin Zainal Abidin Kalai Selvan A/l Sundrasagaran

1. ) SAAIM BIN SUNDARMAN 2. ) RABU BIN JANTAN 3. ) SHARI BIN AHAMAD 4. ) SUPIAN BIN BARDAN 5. ) CAHAYA BARU DEVELOPMENT BERHAD 1. ) ABDULLAH BIN AHMAD 2. ) FATIMAH BINTI MOIN 3. ) SADARIAH BINTI HJ ANG SUKRI 4. ) SULAIMAN BIN WASUKI 5. ) WA

MALAYAN BANKING BERHAD DYNASTY STREAMS SDN BHD