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2018 MarsdenLR 422
HIGH COURT MALAYA SHAH ALAM
TAN CHAI HUAT – Appellant
Versus
YAP TIAN LEONG – Respondent
[Civil Appeal No: BA-12B-31-02/2017]
Petitioner Advocates:K Periasamy ,Respondent Advocate: LH CHUA
This judgment emphasizes strict adherence to procedural timelines as mandated in the Rules of Court 2012.
Headnote:The Court analyzed the applications from both parties regarding the dismissal of the Plaintiff's appeal for extension of time. Noting the Procedural Requirements under O 55 r 4(1) of the Rules of Court 2012 was not complied with. The Plaintiff's failure to prove filing of Record of Appeal led to dismissal of Plaintiff's application while the Defendant's application was granted. The Plaintiff's arguments on oversight were not accepted.
Result: Dismissed Encl 6 with cost; Allowed Encl 4 with cost.
| Table of Content |
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| 1. overview of applications filed. (Para 1) |
[1] The Session Judge heard two applications filed by the Appellant (Plaintiff) and the Respondent (Defendant) which was heard simultaneously. The Plaintiff's Encl 6 is for Extension of Time to file Memorandum of Appeal and Encl 4 is by the Defendant to strike out the Record of Appeal. The Session Judge dismissed the Plaintiff's Encl 6.
