7/21/2019 Lee Ah Ba v Md Noor Bin Ariffin & Anor [1990]3mlj169

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LEE AH BA v MD NOOR BIN ARIFFIN & ANOR[1990] 3 MLJ 169

Summary of Fa!"

1. Plaintif ailed to appear or the hearing o his accident claim orgeneral and special damages against the rst deendant (bus driver)and the second deendant (the owner o the bus driven by the rstdeendant).

2. Plaintifs counsel eplained that another rm o solicitors in !" wouldbe ta#ing over conduct o the plaintifs case but he neither #new whensolicitor nor why the plaintif was absent despite being notied.

$. %rial &udge reused an ad&ournment and struc# out the claim on $ 'uly1.*. 'udge relied on two grounds+ (1) on nding the said eplanation to bewholly unsatisactory , (2) due to the strenuous ob&ections by the

deendants and third parties counsel.-. 'udge re&ected both documents as being deective whereby he saidneither was a certicate o untness to attend court as re/uired underregulation 2*0 o the edical egulations 13*.

I""u#$

Whether the refusal of an adjournment and the action to strike out had been properly

done on the basis that the Plaintiff failed to appear for the hearing?

%a'(!') Ar*um#(!" 1. Filed an application to set aside the order under O.24 r

8(1).2. Swore out an affidavit in which plaintiff claimed he

was suffering from hypertension and concomitant giddy

spells.

3. Plaintiff exhibited 2 certificates, purportedly medical

certificates.

D#f#(+a(! Ar*um#(!" 1. Object to any adjournment since plaintiff was unableto attend.

,our!-" +#'"'o( a(+

r#a"o('(*

Necessary to look at the events which took place on the

date for which the case was set down for trial.Court ought not to make an order that would defeat the

rights of a party and destroy them altogether.

Adjournment is a matter of discretion but even the

decision of a judge, being a judicial act is still subject

to review.

Trial judge failed to properly consider the plaintiffs

reasons for not appearing at the trial and incorrectly

concluded that the plaintiff had been responsible for

the long delay.

7/21/2019 Lee Ah Ba v Md Noor Bin Ariffin & Anor [1990]3mlj169

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