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2019 MarsdenLR 2005

MAHKAMAH RAYUAN PUTRAJAYA
PERTIWI PRESTIJ SDN BHD – Appellant
Versus
DAMAI BISTARI SDN BHD – Respondent


Petitioner Advocates:Shahrulazwad Ismail ,Respondent Advocate: R Vinayaga,Ng Kar Man

Table of Content
1. analyzes the procedural motions regarding appeal. (Para 1 , 2 , 3 , 4)
2. describes the background facts leading to the appeal. (Para 5 , 6 , 10)
3. arguments regarding the reasons for delay in filing the appeal. (Para 15 , 16 , 18 , 19 , 22)
4. court's decision and reasoning in denying the motion. (Para 25)

[1] We heard the appellant's (plaintiff at the High Court) Notice of Motion in encl 5 which sought for the following orders:

1. The appellant be given and/or granted leave to appeal by way of Notice of Appeal which had been filed on 21 September 2018;

2. The appellant be given and/or granted leave to file Record of Appeal out of time; and

3. Other reliefs and/or further direction related to the appellant's appeal if leave is granted.

[2] The appellant's Notice of Motion in encl 5 is supported by an affidavit of Mohamad Shahripoddin bin Abd Rahman, the Chief Executive Officer of the appellant affirmed on 19 December 2018 (encl 6).

[3] The respondent objected to the appellant's application by filing an affidavit in reply affirmed by Chan Siew Mei, the liquidator of the respondent, on 17 January 2019 (encl 8).

[4] The appellant filed in affidavit affirmed by Mohamad Shahr

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