Thursday, January 22, 2009

It's not over yet

High Court deputy registrar Ahmad Faizadh Yahaya made the order with costs in chambers after allowing Umno's application to set aside the judgment, issued on July 17 last year, ordering the party to pay Elegant Advisory Sdn Bhd RM218 million, interest and costs. The company sought the judgment after Umno failed to respond to its suit. Datuk Mohd Hafarizam Harun, counsel for Umno, told reporters that he would file a conditional memorandum of appearance to enable him to apply to strike out the company's writ of summons and statement of claim.

Read more Umno gets to set aside default judgement

Don't jump for joy just yet. Today you set aside the default judgment, by tomorrow the plaintiff could be filing an application to amend the writ & statements of claim, if not appealing against the decision that is. If at all you are able to strike out the suit, there's no issue estoppel here. Meaning the plaintiff can always file a fresh suit against UMNO and make good on the procedural aspects of the action, this time with the correct parties being named together with the proper service of the same.

1 comment:

Zubli Zainordin said...

I donno what the kes is. Not gud legal Inglis I am.

But if BIG parti can has nice dekoratif kempen pilihanraya, then supplaiyer didn't get pay, imej also how people see parti?

Right or not Lawyer Kampung..?