VDSL Technology Sdn Bhd 1. ) FGV Prodata Systems Sdn Bhd 2. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN (FELDA)

VDSL Technology Sdn Bhd 1. ) FGV Prodata Systems Sdn Bhd 2. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN (FELDA)

The appeal is procedurally irregular and not competent because section 68(1)(f) of the Courts of Judicature Act 1964 prohibits appeals to the Court of Appeal against High Court refusals to set aside writs or pleadings; consequently the Registrar/Judge determined there was no need to furnish reasons of judgment for this interlocutory matter.

Citation
WA-22NCvC-364-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff: VDSL Technology Sdn Bhd; Defendant: FGV Prodata System Sdn Bhd; Defendant: Satu Lagi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 December 2022
Case Number
WA-22NCvC-364-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil / Interlocutory Appeal to Court of Appeal Filed by Second Defendant
Outcome
Appeal deemed irregular/not competent
Legal Topics
Appealability, Set Aside Writ/pleadings, Strike Out Application, Grounds of Judgment
Source Language
Malay/English
Civil Procedure Appellate Procedure Appealability Set Aside Writ/pleadings Strike Out Application Grounds of Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

VDSL Technology Sdn Bhd

Plaintiff

FGV Prodata System Sdn Bhd

Defendant

Satu Lagi

Defendant

Procedural Posture

Civil / Interlocutory Appeal to Court of Appeal Filed by Second Defendant

Legal Issues

  1. 1 Whether an appeal lies to the Court of Appeal under s68(1)(f) of the Courts of Judicature Act 1964 when the High Court refuses to set aside a writ or pleadings
  2. 2 Whether the Registrar/Judge is required to provide reasons of judgment for the interlocutory refusal to set aside writ/pleadings
  3. 3 Whether the appeal filed by the second defendant is procedurally regular

Ratio Decidendi

The appeal is procedurally irregular and not competent because section 68(1)(f) of the Courts of Judicature Act 1964 prohibits appeals to the Court of Appeal against High Court refusals to set aside writs or pleadings; consequently the Registrar/Judge determined there was no need to furnish reasons of judgment for this interlocutory matter.

Court Disposition

Appeal deemed irregular/not competent

Orders

  • Appeal declared not teratur (irregular) and not competent pursuant to Courts of Judicature Act 1964 s68(1)(f)
  • No requirement to provide reasons of judgment for the High Court's interlocutory refusal to set aside the plaintiff's action