SIVAN A/L PERIASAMY v 1. ) GRANT AGRI (MALAYSIA) SDN BHD 2. ) MOHD FIRDAUS BIN AZHAR 3. ) ABDUL HAADI BIN AZHAR

wa-22ncvc-447-07-2019 High Court (Mahkamah Tinggi) 20 January 2025 • WA-22NCvC-447-07/2019

Catchwords

By way of Enclosure 21, the second and third defendants seek to set aside the Judgment and Order both dated 15 November 2019 ("Judgment and Order") which were obtained in relation to the summary judgment application filed by the plaintiff without the attendance of their previous solicitors. This application was filed by the second and third defendants almost five (5) years after the Judgment and Order were obtained. Based on the examination of the second and third defendants' application, I must hold at the very outset that they filed their application not only after the 30 days period provided by the ROC, but also inordinately late. Therefore, it is not in the interest of justice to set aside the judgment and order. In fact, it will be prejudiced to the plaintiff who had diligently attended to this matter.

Practice Areas

By way of Enclosure 21, the second and third defendants seek to set aside the Judgment and Order both dated 15 November 2019 ("Judgment and Order") which were obtained in relation to the summary judgment application filed by the plaintiff without the attendance of their previous solicitors. This application was filed by the second and third defendants almost five (5) years after the Judgment and Order were obtained. Based on the examination of the second and third defendants' application, I must hold at the very outset that they filed their application not only after the 30 days period provided by the ROC, but also inordinately late. Therefore, it is not in the interest of justice to set aside the judgment and order. In fact, it will be prejudiced to the plaintiff who had diligently attended to this matter.

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (4)

GRANT AGRI Sdn Bhd Defendant Abdul Haadi bin Azhar Defendant Mohd Firdaus bin Azhar Defendant Sivan a/l Periasamy Plaintiff

Case Significance

SIVAN A/L PERIASAMY v 1. ) GRANT AGRI (MALAYSIA) SDN BHD 2. ) MOHD FIRDAUS BI... is a High Court (Mahkamah Tinggi) decision dated January 20, 2025 (citation: wa-22ncvc-447-07-2019). The case was decided by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan.

What was the outcome of SIVAN A/L PERIASAMY v 1. ) GRANT AGRI (MALAYSIA) SDN BHD 2. ) MOHD FIRDAUS BI...?

SIVAN A/L PERIASAMY v 1. ) GRANT AGRI (MALAYSIA) SDN BHD 2. ) MOHD FIRDAUS BI... is a High Court decision dated January 20, 2025. The case was heard by Raja Ahmad Mohzanuddin Shah bin Raja Mohzan. See the full judgment for details.