Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prescribing time for performance
  • 6 May 2021

    Dee Eng Seng Lim Soon Seng

    Citation
    AB-12BNCVC-14-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-12BNCVC-14-12/2019 (Mahkamah Tinggi)

    The court held it possessed jurisdiction under its inherent powers and Rules of Court (Order 45 r.6 read with Order 42 r.6) to allow an application to prescribe time in a consent judgment as a procedural, ancillary measure under the liberty to apply doctrine; the SAR-approved order of 3.9.2020 contained a mistake/was inoperable until directions dated 30.9.2020 were complied with and the plaintiff's application to vary the order (Enclosure 50) is allowed in part; stay of execution is justified until the prescribed directions are complied with.