JUDGMENT

Azmi Ariffin J:

Introduction

[1] The Applicant appeal against the Summary Judgment entered against the Applicant to the Court of Appeal for a sum of RM3,740,900.00 which was fully paid by the Applicant to the Proposed Intervener.

[2] The Applicant also appeal to the Court of Appeal against the transfer of outstanding claim to Session Court.

[3] It is to be noted that both the Applicant Notices of Appeal were filed out of time. The Applicant then filed Notices of Motion to seek leave from the Court of Appeal for an extension of time to file Notices of Appeal.

[4] The Leave Application were fixed for hearing on 30 June 2020 and was unanimously allowed by the Court of Appeal.

[5] Dissatisfied with both the Court of Appeal decision, the Proposed Intervener appealed to the Federal Court via Civil Application No 08(i)-188-07/2020(W) and Civil Application No 08(i)-189-07/2020(W) respectively against the Court of Appeal decision in allowing the Applicant Notices of Motion for extension of time (despite 14 month delay) to appeal.

[6] On or about 14 August 2020, the Shah Alam High Court granted an order for Judicial Management to the Applicant.

[7] The Proposed Intervener filed encl 44 dated