TOPIC 1

PRELIMINARY MATTERS

PART C
TECHNICAL OBJECTIONS BASED ON
NON COMPLIANCE WITH RULES

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TECHNICAL OBJECTIONS BASED ON NON COMPLIANCE WITH
RULES

• O1 A, O2 ROC 2012
-Cases:
•Chang Chai Chin & Anor v Superintendent of Lands and Surveys, Samaran Division and
other references (2008) 2 MLJ 122
•Duli Yang Amat Mulia Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj Tunku Mahkota
Johor v Datuk Captain Hamzah Mohd Noor & Anor Appeal (2009) 4 CLJ 329 (FC)
•Bun Fui Min & Anor v Seliang ak Tuah (2010) 9 MLJ 707 (HC)
•Perbadanan Nasional Berhad v Syed Omar bin Syed Mohamed (2011) 9 MLJ 674
•Lee Hey Moy (by Lee Hen Yau as holder of valid power of attorney for the Plaintiff) (suing
in person and for his children, who are minors, Tan Chee Chin, Tan Ee Ling (f), Tan Ping
Quen and Tan Ping Ren) v Christopher Wong Wai Yee (as partner of the law firm practising
under the style and name of Messrs Wong & Associates, the law firm representing the first,
second, third, forth, fifth and seventh defendants) (2011) 5 MLJ 333 (CA)
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NFA2010
• O 2 R 3 ROC - Preliminary objection for non-compliance of rules not
allowed
• A Court or Judge shall not allow any preliminary objection by any party
to any cause or matter or proceedings only on the ground of non-
compliance of any provision of these Rules unless the Court or Judge is
of the opinion that such non-compliance has occasioned a substantial
miscarriage of justice or occasioned prejudice that cannot be cured
either by amendment or an appropriate order for costs or both.

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Duli Yang Amat Mulia Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj Tunku
Mahkota Johor v Datuk Captain Hamzah Mohd Noor & Anor Appeal (2009) 4 CLJ 329
(FC)

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 THANK YOU

YOU MAY DELAY, BUT TIME WILL NOT

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