Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Restoration of appeal

Legal area

Court

26 Nov 2024

PLATINUM PROSPERITY SDN. BHD. HOME TOWN STEAMBOAT HOLDING SDN. BHD.

Citation

BA-12B-91-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-91-12/2023 (Mahkamah Tinggi)

Appellant failed to prove 'sufficient reason' for absence and failed in professional duty to monitor court case management/EFS; late service of Notice of Appeal and failure to seek extension or timely inform court/respondent compounded the deficiency; therefore court refused to exercise discretion to restore appeal and dismissed application with costs.
30 Dec 2019

Reaplite Industry Sdn. Bhd. (No. Syarikat: 456814-W) NZ Bina Sdn. Bhd. (No. Syarikat: 752767-T)

Citation

JA-24NCvC-570-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-570-08/2019 (Mahkamah Tinggi)

The court refused to extend time because the applicant offered an inadequate and legally untenable explanation for the delay, the delay was unconscionable, the intended appeal had no realistic prospects given the applicant's prior failures (including failure to file defence and being subject to default judgment), the application was procedurally defective and bordered on abuse of process; accordingly the discretion to extend time was refused and costs awarded to respondent.