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2017 MarsdenLR 2499

COURT OF APPEAL PUTRAJAYA
HUP SOON OMNIBUS CO SDN BHD & ANOR – Appellant
Versus
LIM CHEE @ LAM KUM CHEE – Respondent
[Civil Appeal No: A-02(NCVC)(W)-1677-11/2015]



Court orders must be complied with and non-compliance can lead to striking out an appeal.

Headnote:The judgment addresses an appeal against a High Court decision granting an injunction to prevent an EGM to terminate a management agreement, after which the appellants failed to comply with security for costs. The court emphasized the necessity of complying with court orders and upheld the preliminary objection. Consequently, the appeal was struck out due to wilful non-compliance with an earlier order of the court.

5.12. The respondent also filed an application under Order 14A of the Rules of COURT 2012, applied to have the matter decided.

5.13. As alluded to earlier in this judgment, the COURT granted the respondents application for an injunction and dismissed the appellants counterclaim.

5.14. Dissatisfied with the impugned decision, the appellant appealed to this COURT.

5.15. Meanwhile, on 31 March 2016, the COURT of Appeal granted the respondents application for security for costs in the sum of RM50,000.00, to be paid within 14 days of the service of the sealed order

5.16. The sealed order was served on 14 June 2016 and the last day for payment of the security for costs was 28 June 2016 but up to the date fixed for hearing of the appeal, it has not been paid as ordered by the COURT of Appeal.

Reasons For Decision

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