Dalam memutuskan perkara ini, Mahkamah menggunapakai otoriti yang dirujuk oleh Hakim Mahkamah Sesyen dalam alasannya iaitu kes KHOR CHENG WAH V. SUNGAI WAY LEASING SDN BHD [1997] 1 CLJ 396, dimana Mahkamah Rayuan menyatakan bahawa:- “It is a cardinal principle of law, that when a litigant seeks the intervention of the court in a matter that affects his right, he must do so timeously. The maxim vigilantibus, non dormientibus, jura subveniunt, though having its origin in the Court of Chancery, is of universal application. Even in cases where a right is exercisable ex debito justitiae, a court may refuse relief to an indolent litigant. In all cases in which delay in approaching the court is in issue, the burden is upon the litigant who has delayed to render a satisfactory explanation for it. Whether the explanation in a given case is satisfactory or reasonable depends upon the facts and circumstances of each case. And in a matter which involves the exercise of discretion, it is for the judge in whom the law primarily vests the discretion.”