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2019 MarsdenLR 1461
HIGH COURT MALAYA JOHOR BAHRU
YKS ENTERPRISE SDN BHD – Appellant
Versus
ASPIRASI TERNAMA SDN BHD – Respondent
[Civil Suit No: JA-12ANCVC-29-10-2018]
Petitioner Advocates:Kuthubul Zaman,Anis Syarizad Zaman ,Respondent Advocate: Christopher Yeo,Angie Tan
Procedural rules must be strictly observed; negligence by solicitors does not warrant leniency in compliance.
Headnote:Statute Analysis: Order 55 r 2 of the ROC 2012 requires appeals to be filed within fourteen days. Facts of the Case: An appeal was filed due to the defendant's failure to file separate Notices of Appeal for two civil suits with distinct decisions.
Findings of Court:
The Court found the Solicitors for the defendant acted negligently in filing one notice for both suits.
Issues: The main question concerns the proper filing of appeals and the court's discretion in allowing extensions.
Ratio Decidendi: The court emphasized the mandatory nature of compliance with procedural rules and noted that negligence of solicitors does not justify the delay.
Result: I hereby allowed the plaintiff's appeal with cost of RM3,000.00 subject to payment of the allocatur fees.
| Table of Content |
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| 1. background details concerning the appeal and its procedural context. (Para 1) |
[1] This is an appeal by the appellant/plaintiff against the decision of the learned Sessions Court Judge Tuan Mohammad Haldar Abdul Aziz dated 16 October 2018 in allowing the respondent/defendant's application for an extension of time to file its Notice of Appeal against the decision made by learned Sessions Court Judge, Puan Elisabet Paya Wan on 21 December 2017.
