21 May 2025
LIM KIM CHIN RAUB DURIAN MANSION SDN BHD
- Citation
- CB-12ANCC-1-01/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-12ANCC-1-01/2025 (Mahkamah Tinggi)
Although the High Court found the appeal procedurally barred by s28(1)(c) CJA 1964, it nonetheless exercised its statutory revisionary jurisdiction under s33 to call for the subordinate court record and set aside the Sessions Court decision dated 17.12.2024 because that decision was rendered in circumstances where the writ and statement of claim had already been withdrawn and was therefore academic/unauthorised; s33 may be used in exceptional cases to correct such substantive injustice without circumventing the legitimate scope of s28 and s34.