BANURI BIN SIMOK v CHIN MUN FUN
Catchwords
• Civil Procedure — Originating summons — Requirement to state enabling provisions — Order 7 rule 2(1A) Rules of Court 2012 — Mandatory nature — Defect in originating process — Whether fatal — Court’s discretion to consider merits notwithstanding procedural lapse. • Appeal — Extension of time — Delay of 35 days — Factors to be considered — Length of delay, reasons, prospects of success, prejudice — Emotional distress and financial constraint — Whether sufficient explanation — Prospect of appeal bound to fail — Extension refused. • Judgment — Default judgment — Application to set aside — Delay of one year seven months — No explanation offered — Magistrate entitled to dismiss without considering merits — Ng Han Seng v Scotch Leasing Sdn Bhd applied. • Execution — Stay of execution — Principles — Successful litigant entitled to fruits of judgment — Special circumstances required — Alleged hearsay evidence and disproportionate sale of immovable property — Whether oppressive — Delay in seeking stay — No special circumstances shown — Stay refused. • Litigation conduct — Repeated applications and withdrawals — Procedural defects — Strategy to delay enforcement — Court will not countenance dilatory tactics.
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-5126-10-2025)