Asia Pacific Higher Learning Sdn. Bhd. 1. Majlis Perubatan Malaysia 2. Prof. Dato' Dr. Wan Mohamed Bebakar

Asia Pacific Higher Learning Sdn. Bhd. 1. Majlis Perubatan Malaysia 2. Prof. Dato' Dr. Wan Mohamed Bebakar

The Federal Court held that the High Court order allowing amendment of pleadings made in the course of a trial was a non-appealable ruling within the meaning of 'decision' in s3 read with s67 and s68 of the Courts of Judicature Act 1964; accordingly the Court of Appeal lacked jurisdiction to hear the appeal and its decision was set aside.

Citation
02(i)-91-10/2018 (W) (Mahkamah Persekutuan)
Parties
Appellant: Asia Pacific Higher Learning Sdn. Bhd.; Respondent: Majlis Perubatan Malaysia; Respondent: Prof. Dato' Dr. Wan Mohamed Bebakar
Court
i
Jurisdiction
Malaysia
Judgment Date
31 January 2020
Case Number
02(i)-91-10/2018 (W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal to Federal Court / Hearing on Preliminary Issue and Appeal Against Court of Appeal Order
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court's order allowing amendment held to be non-appealable; costs to appellant
Legal Topics
Appealability of Interlocutory Orders, Amendment of Pleadings, Jurisdictional Challenge, Misfeasance in Public Office, Breach of Statutory Duty, Negligence
Source Language
Malay/English
Administrative Law Civil Procedure Appellate Jurisdiction Tort Law Judicial Review Appealability of Interlocutory Orders Amendment of Pleadings Jurisdictional Challenge +3 more

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Parties

Asia Pacific Higher Learning Sdn. Bhd.

Appellant

Majlis Perubatan Malaysia

Respondent

Prof. Dato' Dr. Wan Mohamed Bebakar

Respondent

Procedural Posture

Civil Appeal to Federal Court / Hearing on Preliminary Issue and Appeal Against Court of Appeal Order

Legal Issues

  1. 1 Whether a High Court order allowing amendment of pleadings made during the course of trial is an appealable 'decision' under s3 read with s67 and s68 of the Courts of Judicature Act 1964
  2. 2 Whether the definition of 'decision' in s3 (excluding rulings made in the course of a trial which do not finally dispose of rights) applies to civil as well as criminal appeals
  3. 3 Whether the Court of Appeal exceeded its jurisdiction in hearing and deciding the appeal against the High Court amendment order

Ratio Decidendi

The Federal Court held that the High Court order allowing amendment of pleadings made in the course of a trial was a non-appealable ruling within the meaning of 'decision' in s3 read with s67 and s68 of the Courts of Judicature Act 1964; accordingly the Court of Appeal lacked jurisdiction to hear the appeal and its decision was set aside.

Court Disposition

Appeal allowed; Court of Appeal decision set aside; High Court's order allowing amendment held to be non-appealable; costs to appellant

Orders

  • Set aside the Court of Appeal's decision dated 5.1.2018
  • Appeal allowed with costs to the appellant