ABDUL HAMID MOHD AMIN vs RAMACON CORPORATION SDN BHD

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2015 MarsdenLR 1498

HIGH COURT MALAYA SHAH ALAM
ABDUL HAMID MOHD AMIN – Appellant
Versus
RAMACON CORPORATION SDN BHD – Respondent
[Civil Appeal No: 12BNCVC-12-03/2015]

Important Points

Non-compliance with mandatory provisions of procedural rules that is fundamental cannot be excused or remedied unless substantial justification is provided.

Subject

Civil Law - Appeal Process

Act Referred

Rules of Court 2012: S.O 3 r 5, S.O 55 r 4, S.O 92 r 4

Headnote

This judgment pertains to an appeal against a Sessions Court's decision regarding a debt claim. The appellant sought an extension of time to file an Appeal Record citing oversight and a lack of prejudice to the respondent. The court ruled that the non-compliance with mandatory rules is not subject to leniency, emphasizing the need for compliance with procedural rules. Therefore, the appeal for an extension was denied due to lack of credible justification, resulting in dismissal of the application with costs.

Table of Content
1. the appeal arises from a debt claim decision reflecting necessary legal procedures. (Para 1)
2. arguments presented by both parties regarding the extension of time and compliance. (Para 2)

[1] This application arises out of an appeal against the decision of the Sessions Court in a civil suit for a debt due for services rendered by the Appellant/Plaintiff to the Respondent/Defendant.

[2] The Appellant vide this Notice of Application is seeking an extension of time pursuant to O 3 r 5(1) of the Rules of , 2012 (' ROC ') and the inherent jurisdiction of the Court under O 92, r 4, to file and serve the Appeal Record ('AR') out of the prescribed time under O 55 r 4(1), and the inherent jurisdiction of the Court under O 92, r 4, . Further, that the AR which was filed in Court on 9 April 2015 and served on the same day on the Respondent's solicitors be deemed as proper filing and effective service respectively.

Click Here to Read the rest of this document