Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Striking out/dismissal

Legal area

Court

18 Jan 2023

KITARAN SUKMA SDN. BHD. 1. ) CASA BESTARI SDN. BHD. 2. ) ROYAL PAHANG POLO CLUB SDN. BHD.

Citation

CB-12BNCvC-1-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12BNCvC-1-09/2022 (Mahkamah Tinggi)

Because the Record of Appeal and Memorandum were not filed within the time prescribed by A.55 KKM 2012 and the court had already refused the appellant's application for extension, there was no properly constituted appeal before the High Court; Order/A.18 r.19 KKM 2012 is inapplicable to cancelling an appeal, and therefore the applications (KM 47 and KM 54) were dismissed.
17 Nov 2021

TAN SRI HALIM BIN SAAD 1. HOE LEONG CORPORATION LIMITED 2. KUAH GEOK KHIM 3. KUAH GEOK LIN 4. SETINGGI HOLDINGS LIMITED 5. TEH TEONG LAY 6. CHAN YOK PENG

Citation

WA-22NCVC-420-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-420-06/2019 (Mahkamah Tinggi)

The application to amend the Statement of Claim was disallowed because it was filed after the final case management date in breach of the court's express directions; although the court had power under Order 34 Rule 3 to dismiss or strike out, it exercised its discretion to refuse the amendment and instead postponed the trial.