CHU CHAI LEE v 1. ) CHOO CHEE LEONG 2. ) TETUAN LOW WONG & ZAHRITA PIHAK KETIGA Thriven Biz Advisory Sdn. Bhd.
Catchwords
By way of Enclosure 22, the first defendant seeks an extension of time to file an application for the setting aside of the Judgment in Default of Appearance dated 16 July 2025 ("JID") in accordance with Order 1A, Order 2 rule 1, Order 3 rule 5 and Order 92 rule 4 of the Rules of Court 2012 ("ROC"). Enclosure 22 seeks only to extend the deadline for the first defendant to file an application to set aside the JID. It was not prayed for the first defendant to set aside the JID itself, which the first defendant intends to do only after the court decides on Enclosure 22. Considering this aspect of the issue of law, the court finds that the first defendant ought not to apply by instalment only for one main issue at this stage. In this regard, the first defendant should have addressed both the relief for the extension of time for setting aside the JID and the relief of setting aside the JID in one comprehensive application. The reason for this is that these two issues are interconnected and are both relevant at the same time. Taking this step in the same way that the first defendant did would result in a serious delay in the court's ability to dispose of its cases within a reasonable timeline.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-273-04-2025)