SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2011 MarsdenLR 2963

LEE SWEE SENG
UNI WALL ARCHITECTURAL PRODUCTS & SERVICES SDN BHD – Appellant
Versus
GLOBAL UPLINE SDN BHD (NO 2) – Respondent



Ex parte applications for extensions of time to set aside writs must comply with procedural rules, typically requiring inter partes hearings to uphold fairness and justice.

Headnote:(A) Rules of the High Court 1980 - Orders 12 and 32 - Ex parte applications - A conditional appearance by the defendant was allowed, with an extension of time to apply to set aside a writ. The extension and stay of proceedings were found to be improperly obtained as an ex parte application and therefore constituted a nullity (Paras 1-44).

(B) Court Procedures - Ex parte orders are subject to specific provisions within the Rules; generally, all applications should be made inter partes unless expressly allowed otherwise under the rules. The failure to adhere to these procedural requirements resulted in the annulment of defendants' application (Paras 1, 21, 40, 42).

UNI WALL ARCHITECTURAL PRODUCTS & SERVICES SDN BHD vs GLOBAL UPLINE SDN BHD (NO 2) - 2011 MarsdenLR 2963
Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top