ORIENTAL STEEL PIPE SDN BHD UNITED SECURITY SERVICES SDN BHD

ORIENTAL STEEL PIPE SDN BHD UNITED SECURITY SERVICES SDN BHD

The High Court held the Sessions Court's order allowing the amendment was a non-final interlocutory decision and therefore not appealable under the statutory definition of 'decision' read with the Courts of Judicature Act and the Federal Court precedent in Asia Pacific Higher Learning; alternatively, even if appealable, the Sessions Court correctly exercised its discretion and any prejudice was remediable by costs.

Citation
BA-12ANCvC-21-04/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Oriental Steel Pipe Sdn Bhd; Respondent/defendant: United Security Services Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2025
Case Number
BA-12ANCvC-21-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court to High Court / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Amendment of Pleadings, Appealability of Interlocutory Orders, Costs
Source Language
Malay/English
Civil Procedure Appellate Jurisdiction Tort Amendment of Pleadings Appealability of Interlocutory Orders Costs

Case Brief

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Parties

Oriental Steel Pipe Sdn Bhd

Appellant/plaintiff

United Security Services Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court to High Court / Judgment

Legal Issues

  1. 1 Whether a Sessions Court decision allowing amendment of defence is appealable to the High Court
  2. 2 Whether the Sessions Court properly exercised its discretion in allowing the amendment
  3. 3 Application of definition of 'decision' under s3 and interplay with ss 27-28 and 67-68 of the Courts of Judicature Act 1964

Ratio Decidendi

The High Court held the Sessions Court's order allowing the amendment was a non-final interlocutory decision and therefore not appealable under the statutory definition of 'decision' read with the Courts of Judicature Act and the Federal Court precedent in Asia Pacific Higher Learning; alternatively, even if appealable, the Sessions Court correctly exercised its discretion and any prejudice was remediable by costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay RM10,000 to Respondent as costs