SERI GEMBIRA MANAGEMENT CORPORATION v 1. ) ROGHINI A/P SINADURAI 2. ) KASTHURI A/P SINADURAI
wa-24ncvc-5853-11-2025 High Court (Mahkamah Tinggi) 6 May 2026 • WA-24NCvC-5853-11/2025 • 8 min read
Catchwords
Civil Procedure – Appeal – Extension of time to file Notice of Appeal – Application under O. 3 r. 5 Rules of Court 2012 – Delay of approximately 100 days – Whether delay inordinate – Whether explanation based on advice of previous counsel sufficient – Requirement to account for entire period of delay – Consideration of length of delay, reasons for delay, merits of intended appeal, prejudice and finality of litigation – Whether Court should exercise discretion to extend time – Application dismissed. Civil Procedure – Appeal – Extension of time – Merits of intended appeal – Alleged absence of admission of debt – Alleged insufficiency of reliance on statutory charges – Issues relating to liability, quantum and procedural compliance – Whether intended appeal disclosed sufficiently compelling or exceptional merits – Whether mere disagreement with trial court’s findings sufficient to justify extension of time – Application dismissed. Civil Procedure – Discretion of Court – Extension of time – Mistake or advice of counsel – Whether conduct of previous counsel automatically entitles litigant to extension – Necessity for satisfactory explanation supported by particulars – Whether explanation accounted for continued period of inactivity – Requirement of diligence by litigant. Evidence – Documentary evidence – Computer-generated documents – Section 90A Evidence Act 1950 – Application for leave to tender certificate under s. 90A after conclusion of proceedings – Whether certificate constitutes condition precedent to admissibility – Whether non-compliance may be cured retrospectively – Requirement of exceptional circumstances – Whether late tendering would cure substantive evidential defect and prejudice opposing party – Application refused. Evidence – Section 90A Evidence Act 1950 – Certificate for computer-generated documents – Nature of requirement – Admissibility and reliability of evidence – Whether requirement is mere procedural technicality or substantive statutory condition – Principles governing late tendering of certificate. Practice and Procedure – Finality of litigation – Inordinate delay – Need for certainty in legal proceedings – Whether respondent entitled to assume finality where appeal not filed within prescribed period – Balance between access to justice and procedural discipline.
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Evidence Act 1950 (Cap 56)
Rules of Court 2012
Judgment
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