24 Jun 2025
1. ) PLOT AND PARCEL GROUP BERHAD 2. ) MOHD HAMIRUL AZAD BIN MOHD HANIFFA RAHIMAH BINTI JAAFAR
- Citation
- BA-12A-59-12/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-59-12/2024 (Mahkamah Tinggi)
Service of the Amended Writ and Statement of Claim on the 1st and 2nd Appellants was properly effected under Rules of Court 2012 (Orders 10 and 62), so the JIDs were regular; although appellants raised triable issues amounting to a defence on the merits, their application to set aside was filed well outside the 30‑day period required by Order 42 r 13 and the delay (approximately sixteen months and prolonged inactivity after garnishment) was inordinate and unjustified, therefore the discretion to set aside was refused and the appeal dismissed with costs.