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2025 MarsdenLR 270

SESSION COURT MELAKA
NG CHWEE PING – Appellant
Versus
LOH SIU YIN – Respondent


Petitioner Advocates:Tay Soon Chuan ,Respondent Advocate: Aidan Chan,Kent Tan

JUDGMENT

Rohatul Akmar Abdullah SCJ:

A. Introduction

[1] Plaintiff has filed an appeal against the decision of this court that dismissed the Plaintiff's application (encl 31) to file Witness Statements (WS) of his witnesses before 14 October 2024 and to strike off the Defendant's WS filed two days before the trial, with cost.

[2] The application was heard on the 16 October 2024 which was the first trial date of this case as the Notis Permohonan and Afidavit Sokongan Plaintiff (ASP) were only filed on 15 October 2024 at 11:19:58 am. The Notis Permohonan was filed under O 92 r 4 of ROC 2012.

[3] A week later, on 24 October 2024 the Plaintiff has through e-review sought clarification on the decision at paragraph [1] above. This court has made further order under O 92 ROC 2012 that the Plaintiff's suit is dismissed with no liberty to file afresh. The Plaintiff is appealing on this decision too.

B. Background

[4] Chronology of the management of this case (CM) is extracted from the Case Management System:

(a) the first instruction to file pre-trial documents was given on 25 January 2024 and next CM was on 6 March 2024;

(b) on 6 March 2024, the Plaintiff's solicitor informed the court that the


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