Kualiti Alam Sdn Bhd Hasnol KNM Greentech Sdn Bhd & 1 lagi

Kualiti Alam Sdn Bhd Hasnol KNM Greentech Sdn Bhd & 1 lagi

Because there were two separate and distinct orders from the High Court, the single Notice of Appeal failed to comply with the mandatory requirements of r.5(3) RCA 1994; therefore the respondents' motion to strike out the Notice of Appeal succeeds and the appeal is struck out, bound by Federal Court and Court of Appeal precedent.

Citation
W-02(IM)(NCVC)-467-03/2019 (Mahkamah Rayuan)
Parties
Appellant / 1st Defendant in High Court: Kualiti Alam Sdn Bhd; Respondent / 1st Plaintiff in High Court: Hasnol KNM Greentech Sdn Bhd; Respondent / 2nd Plaintiff in High Court: KNM Process Systems Sdn Bhd; 2nd Defendant / Issuer of Performance Bond (interested Party): Bangkok Bank Berhad
Court
IM
Jurisdiction
Malaysia
Judgment Date
25 September 2019
Case Number
W-02(IM)(NCVC)-467-03/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Determination on a Procedural Application to Strike Out the Notice of Appeal Arising From Two High Court Interlocutory Orders
Outcome
Enclosure (15) allowed; single Notice of Appeal struck out; appellant's appeal dismissed on procedural ground; costs awarded to respondent.
Legal Topics
Rules of the Courts of Appeal R.5(3), Interlocutory Orders, Notice of Appeal, Strike Out, Interim Injunction, Performance Bond
Source Language
Malay/English
Civil Procedure Appellate Practice Injunctions Banking Law Rules of the Courts of Appeal R.5(3) Interlocutory Orders Notice of Appeal Strike Out +2 more

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Parties

Kualiti Alam Sdn Bhd

Appellant / 1st Defendant in High Court

Hasnol KNM Greentech Sdn Bhd

Respondent / 1st Plaintiff in High Court

KNM Process Systems Sdn Bhd

Respondent / 2nd Plaintiff in High Court

Bangkok Bank Berhad

2nd Defendant / Issuer of Performance Bond (interested Party)

Procedural Posture

Civil Appeal / Court of Appeal Determination on a Procedural Application to Strike Out the Notice of Appeal Arising From Two High Court Interlocutory Orders

Legal Issues

  1. 1 Whether a single notice of appeal is permissible to appeal two distinct interlocutory orders
  2. 2 Whether non‑compliance with r.5(3) RCA 1994 is mandatory and incurable
  3. 3 Whether the Court may raise procedural non‑compliance sua sponte

Ratio Decidendi

Because there were two separate and distinct orders from the High Court, the single Notice of Appeal failed to comply with the mandatory requirements of r.5(3) RCA 1994; therefore the respondents' motion to strike out the Notice of Appeal succeeds and the appeal is struck out, bound by Federal Court and Court of Appeal precedent.

Court Disposition

Enclosure (15) allowed; single Notice of Appeal struck out; appellant's appeal dismissed on procedural ground; costs awarded to respondent.

Orders

  • Costs of RM10,000 awarded to the respondents subject to allocator