Ilylia Diyana Binti Kamaruzaman v ENG LIAN ENTERPRISE SDN. BHD.

wa-12ancvc-157-10-2023 High Court (Mahkamah Tinggi) 17 July 2024 • WA-12ANCvC-157-10/2023 • 16 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Order 62 r. 6(1)(cc) Rules of Court 2012 – A Practice Direction is necessary to ‘activate’ the mode of service by means of electronic communication (which include emails) – No such Practice Direction at the material time – Service of process by way of email not permissible – Order 42 rule 13 – Mandatory for service of Notice of Application to set aside a judgment – Order 13 rule 1 & 4 Rules of Court 2012 – No adjudication required about the proprietorship of property –Default Judgment properly entered for liquidated demand and possession of immovable property – Order 1A RHC cannot be invoked when a party intentionally disregards the Rules – S.29 of the Courts of Judicature Act 1964 – All civil appeals from a subordinate court shall be by way of re-hearing – Ensures dismissal of appeal causes no miscarriage of justice – Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Act 2020 allowed tenants to defer payment during Covid19 lockdown period –Tenant not discharged from liability to pay rent in arrears – S.30 prohibited a landlord from issuing a warrant of distress in respect of arrears of rent only for the period from 18th March 2020 to 31st August 2020 – Applicable only when the Act was in operation

Judges (1)

Gan Techiong Delivered

Counsel (4)

Kumar Chambers Firm Preeti Shah & Associates Firm Gobinath Karupanan Counsel Appellant Preeti Shah Counsel Respondent

Parties (2)

ENG LIAN ENTERPRISE Sdn Bhd Respondent Ilylia Diyana binti Kamaruzaman Appellant

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Rules of Court 2012

Cases Cited (2)

MY (2)

[2009] 4 CLJ 329 [2022] 9 CLJ 943

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancvc-157-10-2023)