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HIGH COURT MALAYA PULAU PINANG
CHANDRASEGARAN VEERYAH – Appellant
Versus
THURGAS INDUSTRIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. application of amended section 68. (Para 1 , 5 , 6) |
| 2. judgment in default and appeal rights. (Para 3 , 4 , 12 , 17) |
| 3. interlocutory appeals as rehearings. (Para 8 , 9 , 14 , 20) |
| 4. defendant's prima facie defense. (Para 19 , 22 , 30) |
| 5. filing timelines and justice considerations. (Para 40 , 46) |
Prelusion
[1] This Judgment deals with the applicability of the recent October 2022 amendments to s 68 of the Courts Of Judicature Act 1964 (CJA).
[2] Section 68 provides that no Appeal can be brought to the Court of Appeal when the High Court allows an Application to set aside a judgment in default.
[3] The Sessions Court entered a judgment in default of appearance (JID) against the Defendant. The Defendant applied to set it aside. The Sessions Court dismissed the Defendant's Application ie the Sessions Court refused to set aside the JID. The Defendant appealed to the High Court. I allowed the Appeal, that is, I reversed the decision of the Sessions Court. Effectively, I allowed the Defendant's Application to set aside the JID.
[4] The issue is - does the Plaintiff have the right to appeal to the Court of Appeal against my decision, when my decision was t
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