Mohamad Thajudeen Mohamed Nazim vs Abdul Samad Noor Huzaima – CA NO. 34/2000-2013

In the case between Mohamad Thajudeen Mohamed Nazim (Plaintiff/Appellant/Petitioner) and Abdul Samad Noor Huzaima (Defendant/Respondent/Respondent-Respondent), the court addressed the issue of whether the order of the Court of Appeal dated 2 August 2011, which rejected the Plaintiff’s appeal for non-payment of brief fees pursuant to Rule 13(b) of the Supreme Court (Court of Appeal – Appellate Procedure – Copies of Records) Rules 1978, should be set aside in light of allegations of improper notice service regarding the payment of fees. It was held that justice required vacating the prior order of rejection because the Plaintiff had duly notified the court and the relevant postal authority of his change of address, and there existed a real possibility that the notice was misdirected and not