TASEK GELUGOR DEVELOPMENT SDN BHD v LIM YIT KIAN

wa-22ncc-742-10-2024 High Court (Mahkamah Tinggi) 14 October 2025 • WA-22NCC-742-10/2024 • 12 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Civil Procedure — Judgments and Orders — Setting aside — Judgment in default of appearance — Application to set aside — Whether delay was inordinate or contumelious — Whether defendant disclosed an arguable or meritorious defence — Balancing exercise between procedural default and substantive justice. Time — Abridgement of time — Application for abridgement of time and setting aside JIDA filed in a single Notice of Application — Whether multiple reliefs can be combined in one application — Effect of failure to adhere to timelines. Rules of Court 2012 — Non-compliance — Procedural objections — Whether procedural rules are "handmaidens" or "masters" of justice — Exercise of judicial discretion — Principles governing setting aside of default judgments. Appellate Intervention — Appeal against decision of Deputy Registrar — Discretion not correctly exercised — Failure to consider merits of defence and nature of delay. Contract — Share Sale Agreement — Contingent contract — Alleged failure of underlying basis of agreement — Claim for refund of RM6,000,000 — Breach — Alleged default — Failure to issue default notice.

Practice Areas

Civil Procedure Contract

Judges (2)

Muhammad Adam @ Edward bin Abdullah Delivered Muhammad Adam bin Abdullah Delivered

Counsel (6)

Haresh Mahadevan & Co. Firm Lum Kok Kiong & Co Firm Kam Li Jie Counsel Plaintiff Lavanesh Haresh Mahadevan Counsel Defendant Lum Kok Kiong Counsel Plaintiff Vyonna Tan Counsel Defendant

Parties (2)

TASEK GELUGOR DEVELOPMENT Sdn Bhd Plaintiff Lim Yit Kian Defendant

Case Significance

TASEK GELUGOR DEVELOPMENT SDN BHD v LIM YIT KIAN is a High Court (Mahkamah Tinggi) decision dated October 14, 2025 (citation: wa-22ncc-742-10-2024). The case was decided by Muhammad Adam @ Edward bin Abdullah.

Key issues: Appellate Intervention — Appeal against decision of Deputy Registrar — Discretion not correctly exercised — Failure to consider merits of defence and nature of delay..

What was the outcome of TASEK GELUGOR DEVELOPMENT SDN BHD v LIM YIT KIAN?

TASEK GELUGOR DEVELOPMENT SDN BHD v LIM YIT KIAN is a High Court decision dated October 14, 2025. The case was heard by Muhammad Adam @ Edward bin Abdullah. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
Rules of Court 2012

Cases Cited (3)

MY (3)
[1998] 3 MLJ 867 [2013] 6 MLJ 765 [2022] 6 MLJ 153

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-742-10-2024)