PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) GUNALAN A/L PECHIMUTU 2. ) JEYA PRAKASH A/L ARASAN

PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) GUNALAN A/L PECHIMUTU 2. ) JEYA PRAKASH A/L ARASAN

The ruling allowing the proposed intervenor to intervene and to apply to set aside a judgment in default is an interlocutory decision that does not finally dispose of the parties' rights and is precluded from appeal by s3 and s68(1)(g) of the Courts of Judicature Act 1964 (as amended by Act A1661); therefore the appeal is incompetent and must be dismissed.

Citation
JA-12A-24-07/2021 (Mahkamah Tinggi)
Parties
Appellant/proposed Intervenor: Pacific & Orient Insurance Co. Berhad; 1st Respondent/plaintiff: Gunalan a/l Pechimutu; 2nd Respondent/defendant: Jeya Prakash a/l Arasan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 September 2022
Case Number
JA-12A-24-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Ruling Allowing Intervention and Application to Set Aside Default Judgment
Outcome
Appeal dismissed as incompetent for want of jurisdiction
Legal Topics
Appealability, Interlocutory Orders, Setting Aside Judgment in Default, Statutory Amendment to Courts of Judicature Act 1964 (act A1661)
Source Language
Malay/English
Civil Procedure Appellate Jurisdiction Insurance Law Appealability Interlocutory Orders Setting Aside Judgment in Default Statutory Amendment to Courts of Judicature Act 1964 (act A1661)

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Parties

Pacific & Orient Insurance Co. Berhad

Appellant/proposed Intervenor

Gunalan a/l Pechimutu

1st Respondent/plaintiff

Jeya Prakash a/l Arasan

2nd Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Ruling Allowing Intervention and Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether a ruling allowing a proposed intervenor to intervene and apply to set aside a judgment in default is an appealable decision
  2. 2 Effect and temporal application of amendments to the Courts of Judicature Act 1964 (Act A1661) making certain matters non-appealable
  3. 3 Whether the High Court ruling finally disposes of the rights of the parties such that it attracts the definition of 'decision' under s3 CJA

Ratio Decidendi

The ruling allowing the proposed intervenor to intervene and to apply to set aside a judgment in default is an interlocutory decision that does not finally dispose of the parties' rights and is precluded from appeal by s3 and s68(1)(g) of the Courts of Judicature Act 1964 (as amended by Act A1661); therefore the appeal is incompetent and must be dismissed.

Court Disposition

Appeal dismissed as incompetent for want of jurisdiction

Orders

  • Appeal dismissed
  • Proceedings remitted to the Sessions Court for the proposed intervenor to apply to set aside the judgment in default and for that application to be heard