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2017 MarsdenLR 1502

HIGH COURT SABAH & SARAWAK MIRI
IK NGI PIAU & ANOR – Appellant
Versus
THE FEDERAL COURT OF MALAYSIA ENCL 17 – Respondent


Table of Content
1. application of statutory time limits. (Para 1 , 2 , 4 , 12 , 14)
2. case management procedures and notifications to parties. (Para 3 , 5)
3. court ruled on the plaintiffs' ex-parte application for judgment. (Para 13)
4. declaratory relief requires evidential foundation. (Para 17)

[1] On the 2 March 2017 this court had dismissed Encl 17 with no order as to costs. Encl 17 is the Plaintiffs' ex-parte application for an order that judgment in default of defence be entered against the Defendant.

[2] The main ground of this application is that the statutory time limit for the filing of defence by the Defendant had lapsed. Secondly, the Plaintiffs' intention to enter judgment in default of defence had been indicated to the Defendant.

[3] It was the Plaintiffs' submission that the writ of summons and the amended statement of claim were served on the Defendant on the 30 August 2016. Upon such service, the Defendant filed a memorandum of appearance dated 20 September 2016 and served on the Plaintiffs on 23 September 2016. Hence, the Plaintiffs submitted that the Defendant ought 10 to file the defence on or before 7 October 2016 which is 14 days after the service of the memorandu

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