NORDIN BIN KASSIM v MURALLITHARAN A/L MUNISAMY PENCELAH MAJLIS PEGUAM

w-08-99-03-2024 Court of Appeal (Mahkamah Rayuan) 5 September 2024 • W-08-99-03/2024 • 20 min read

10 cases cited (0 SG, 10 foreign)

Catchwords

Time limit for appeal - Rules of The Court of Appeal 1994 - inordinate delay - Appellant failed to furnish any relevant evidence to explain for the delay in filing the Notice of Appeal within the time limit prescribed - inexcusable long delay is pursuant to the Appellant’s own conduct - flagrant breach of the rules of the court and there was no acceptable explanation for it - Failure to include the Intervener as a party raised further delays pursuant to the Appellant’s own conduct - The Appellant’s conduct to file the Notice of Motion for Leave on the last day is at the Appellant’s own risks - Failure by the Applicant to include a prayer for extension of time remarked that there is no application for extension of time to file the Notice of Appeal before the Court - the appeal devoid of any merits - disciplinary matters and finding made by the Disciplinary Committee/ Disciplinary Board - the Appellant’s Notice of Motion for extension of time to file Notice of Appeal is without merits and is dismissed - costs to the Respondent in the sum of RM5,000.00 and no costs to the intervener.

Judges (3)

Azman bin Abdullah Coram Azmi bin Ariffin Delivered Che Mohd Ruzima bin Ghazali Coram

Parties (3)

MAJLIS PEGUAM Intervener Murallitharan a/l Munisamy Respondent Nordin bin Kassim Applicant

Statutes Cited

Legal Profession Act 1976 (Cap 166)

Cases Cited (10)

UK (2)

[1964] All ER 933 [1969] All ER 772

MY (8)

[1972] 1 MLJ 180 [1974] 1 MLJ 58 [1994] 2 MLRH 550 [1998] 3 MLJ 341 [1998] 4 CLJ 878 [1999] 2 MLJ 677 [2000] 5 MLRH 536 [2013] 7 CLJ 957

Judgment

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Read on eJudgment

Source: eJudgment (w-08-99-03-2024)