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HIGH COURT MALAYA KUALA LUMPUR
LIM CHEE YONG – Appellant
Versus
THONG HOE KHIN – Respondent
| Table of Content |
|---|
| 1. procedural requirements for filing appeals under roc (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. non-compliance with roc requirements noted (Para 8 , 10) |
| 3. invalid reliance on electronic service without a practice direction (Para 9 , 11 , 12 , 13 , 14 , 16 , 21) |
| 4. failure to explain late filings leads to deficiencies (Para 18 , 19 , 20 , 22 , 24) |
A. Introduction
[1] The respondent filed an application to strike out the appellant's appeal ("Striking Out Application"), alleging multiple non-compliances by the appellant with the provisions of the Rules of Court 2012 (" ROC ").
[2] The Court allowed the Striking Out Application, for the reasons explained below.
B. Introduction
[3] The appellant's claim against the respondent for the return of his investment and profit on the investment, was dismissed by the Sessions Court after a full trial. The appellant filed an appeal against the decision of the Sessions Court.
[4] However, in the filing of the appeal, the respondent claimed that the appellant had on multiple occasions, failed to comply with the requirements and timelines imposed under the ROC .
[5] The respondent therefore filed the Striking Out Applicatio
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