Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Service of affidavits

Legal area

Court

18 Apr 2025

SANDGROUND SDN BHD 1. ) ERA BINA SDN BHD 2. ) MOHAMED FU'AD BIN ZAINAL ABIDIN 3. ) 'UZAIR BIN FAUZIDDIN 4. ) THE ROOF REALTY SDN BHD

Citation

BA-22NCvC-135-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-135-03/2024 (Mahkamah Tinggi)

2nd and 3rd Defendants wilfully and directly breached a peremptory Court order (the unless order) to produce original documents, their explanations were insufficient and implausible, the breach caused prejudice and amounted to contumelious non-compliance; the Court therefore properly exercised its discretion under Order 24 Rule 16(1) ROC to strike out their defences and enter judgment against them, with costs awarded.
16 Jan 2020

Pelaburan MARA Bhd Hisharta Sdn Bhd

Citation

BA-A52-85-07/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A52-85-07/2019 (Mahkamah Sesyen)

The court held that Order 32 r.13(2)(b)'s 14-day filing requirement is mandatory and applies to Order 14 proceedings; the defendant filed the affidavit outside the mandatory period without making a prior application for extension under Order 3 r.5 and the court therefore had no discretion to admit the late affidavit; consequently the affidavit in reply was not allowed and the plaintiff's Order 14 application proceeded on the plaintiff's supporting affidavit alone.