19 Nov 2019
NIK AZLEE BIN NIK MOHD AFFANDI 1. DR NIK MUZAIMAN BIN MUSTAPHA 2. DR SHAMSUL KAHAR BIN KAMARUL GHANI 3. DR MAHAYIDIN BIN MUHAMAD 4. PERDAMA SPECIALIST HOSPITAL SDN BHD
- Citation
- DA-22NCVC-22-06/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCVC-22-06/2017 (Mahkamah Tinggi)
Application to set aside dismissal under O 34 r 2(4) was dismissed because the plaintiff failed to demonstrate that non‑compliance with the unless order was due to extraneous circumstances or that there was no intention to flout the order; ignorance or mistake of former solicitors is not a sufficient ground; and a party who has filed an appeal cannot concurrently seek to set aside the same order as that would amount to approbation and reprobation and abuse of process.