HOW HOCK SING @ LOW KIM CHWEE vs LEE SAY PENG & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 169

HIGH COURT MALAYA JOHOR BAHRU
HOW HOCK SING @ LOW KIM CHWEE – Appellant
Versus
LEE SAY PENG & ORS – Respondent

Table of Content
1. overview of procedural compliance leading to dismissal. (Para 1 , 3 , 4 , 9 , 11)
2. plaintiff's arguments for appeal on mediator outcomes. (Para 12 , 13 , 14 , 15)
3. enforcement of compliance with 'unless orders'. (Para 16 , 18 , 19 , 23 , 24)
4. correct legal procedure to challenge dismissals. (Para 32 , 34 , 36)

Mohd Nazlan Mohd Ghazali JC:

Introduction

[1] This is an appeal, documented in encl 48 against the decision of the learned Deputy Registrar ("DR") on 17 February 2015 dismissing the application of the plaintiff dated 29 August 2014 (encl 19) principally for the following orders:-

(i) The setting aside of the decision of the learned DR on 7 August 2014 which had struck out the claim by the plaintiff; and

(ii) The reinstatement of the said claim.

[2] At the hearing on 21 June 2015, I dismissed the appeal (with costs) and provided broad reasons for the same. This is my full judgment for the decision, focusing on the law relating to the enforcement of "unless order" and the procedure for challenging the same.

Key Background Facts

[3] The plaintiff's action against all the four defendants was struck out on 7 August 2014 by the learned DR by reason of the failure by t

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2015 MarsdenLR 169

HIGH COURT MALAYA JOHOR BAHRUHOW HOCK SING @ LOW KIM CHWEE – AppellantVersusLEE SAY PENG & ORS – Respondent

Cases Referred (2)

HIGH COURT MALAYA JOHOR BAHRU
HOW HOCK SING @ LOW KIM CHWEE – Appellant
Versus
LEE SAY PENG & ORS – Respondent