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2013 MarsdenLR 2630

HIGH COURT MALAYA PULAU PINANG
LOW LONG YOONG & ANOR – Appellant
Versus
LOW KOK CHOON & ANOR – Respondent


Table of Content
1. background of the case and parties involved (Para 1 , 2 , 3 , 4 , 5)
2. issues regarding mr. sunny khoo's representation (Para 6 , 7)
3. details of d2's applications (Para 8)
4. nature of the 2004 suit and judgment in default (Para 9 , 10 , 11 , 12 , 13)
5. d2's knowledge of the 2004 suit (Para 14 , 15 , 16)
6. principles for setting aside judgments in default (Para 17 , 18 , 19 , 20 , 21)
7. judicial discretion in cases of delay (Para 22 , 23)
8. irregular judgments and legal standards (Para 24 , 25 , 26 , 27)
9. discussion of procedural rules (Para 28 , 29)

[1] The first plaintif is Low Long Yoong. He is also known as Sunny Khoo and is a lawyer practising under the name and style of Messrs Sunny Khoo & Company in Penang. The second plaintiff is his wife. The first defendant (D1) is the father of the first plaintiff and was a retired Chinese School Headmaster in Kluang, Johor. He passed away on 6 May 2008 in Kluang, Johor. He was a bankrupt when he died. The second defendant ('D2') is the wife of D1 and mother of the first plaintiff.

[2] On 6 July 2004, the plaintiffs filed the present suit against the defendants at Penang High Court by way of Civil Suit No 22-364 of 2004

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