Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Late appearance

Legal area

Court

5 Nov 2021

YAP HAI SEONG [NO. K/P: 770602065671] ANJUNG MEDICLEAN SDN BHD [NO. PENDAFTARAN: 1176477-T]

Citation

CA-A72NCvC-215-11/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-215-11/2020 (Mahkamah Majistret)

The court exercised its discretionary power under O.13 r.8 to set aside the default judgment because the defendant provided a satisfactory explanation that the Memorandum of Appearance was filed within time but not processed due to clerical error, acted bona fide, and filed an affidavit plus a draft defence showing an arguable triable issue; accordingly the default judgment was set aside and the plaintiff's amendment application was struck out.
11 Jul 2021

NORSHAFIQAH BINTI SAADI (NO. K/P: 950319-03-5336) MAJLIS PERBANDARAN KOTA BHARU

Citation

DA-12ANCVC-01-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12ANCVC-01-01/2021 (Mahkamah Tinggi)

The appeal was allowed because the respondent failed to provide a reasonable and justifiable explanation for not filing an appearance within the mandatory 14-day period; the court held that the statutory time limit for appearance is a basic procedural requirement that should be prioritised and could have been complied with by the respondent's legal department without awaiting political or administrative approvals, therefore the Sessions Court judge erred in allowing the extension.