ABDUL GHAFFAR BIN MD AMIN V IBRAHIM BIN YUSOFF & ANOR

ABDUL GHAFFAR BIN MD AMIN V IBRAHIM BIN YUSOFF & ANOR

Rule 137 of the Rules of the Federal Court 1995 is procedural only and cannot be construed to confer appellate jurisdiction not provided by statute; because the suit originated in the Sessions Court there is no further appeal to the Federal Court and the Court of Appeal is final in such matters; application for leave under r.137 must be dismissed.

Citation
ABDUL GHAFFAR BIN MD AMIN V IBRAHIM BIN YUSOFF & ANOR
Parties
Applicant/defendant (originally): Abdul Ghaffar Md Amin; Respondent/plaintiff (originally): Ibrahim Yusoff; Respondent/plaintiff (originally): Anor
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Application for Leave to Appeal to the Federal Court Under R.137 Rules of the Federal Court 1995 / Leave Application After Court of Appeal Judgment (application Dismissed)
Outcome
Application dismissed; leave to appeal refused
Legal Topics
Appealability, Jurisdiction of the Federal Court, Dependency Claims, Rules of the Federal Court R.137, Stare Decisis, Calculation of Multiplier and Multiplicand
Source Language
en
Civil Procedure Constitutional Law Damages Civil Law Appealability Jurisdiction of the Federal Court Dependency Claims Rules of the Federal Court R.137 +2 more

Case Brief

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Parties

Abdul Ghaffar Md Amin

Applicant/defendant (originally)

Ibrahim Yusoff

Respondent/plaintiff (originally)

Anor

Respondent/plaintiff (originally)

Procedural Posture

Application for Leave to Appeal to the Federal Court Under R.137 Rules of the Federal Court 1995 / Leave Application After Court of Appeal Judgment (application Dismissed)

Legal Issues

  1. 1 Whether r.137 RFC 1995 permits an appeal to the Federal Court in a matter that commenced in the Sessions Court
  2. 2 Whether rules of court can confer substantive appellate jurisdiction beyond statute
  3. 3 Whether Court of Appeal is the final/apex court for motor vehicle accident dependency claims

Ratio Decidendi

Rule 137 of the Rules of the Federal Court 1995 is procedural only and cannot be construed to confer appellate jurisdiction not provided by statute; because the suit originated in the Sessions Court there is no further appeal to the Federal Court and the Court of Appeal is final in such matters; application for leave under r.137 must be dismissed.

Court Disposition

Application dismissed; leave to appeal refused

Orders

  • Application for leave to appeal under r.137 RFC 1995 dismissed
  • Leave to appeal refused