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SESSION COURT MELAKA
NG CHWEE PING – Appellant
Versus
LOH SIU YIN – Respondent
| Table of Content |
|---|
| 1. appeal process and procedural history. (Para 1 , 2 , 3) |
| 2. chronology of case management. (Para 4) |
| 3. arguments regarding compliance with court directions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court's observations on witness statements. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. failure to comply with court deadlines and responsibilities. (Para 18 , 19 , 20) |
| 6. judicial discretion in dismissal of cases. (Para 21 , 22 , 23 , 24) |
| 7. nature of service in electronic filings. (Para 25 , 27 , 28 , 29 , 30) |
| 8. implications of non-compliance with procedural rules. (Para 31 , 32 , 33) |
| 9. inherent powers of the court. (Para 34 , 35) |
| 10. final ruling and dismissal of the suit. (Para 36) |
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
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