Malaysia Case Law: Decisions & Judgments

Topic

Appealability of interlocutory decisions

Legal area

Court

10 May 2024

[TIMBALAN ] MOHD RONI BIN AYOB

Citation

CA-45-4-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CA-45-4-09/2020 (Mahkamah Tinggi)

The court held that at the end of the prosecution case a prima facie case of possession under s.12(2) ADB was established but the prosecution did not prove that the accused had the requisite 'power to deal with the drugs to the exclusion of others' required to apply the s.37(da)(iiia) trafficking presumption; accordingly the accused was discharged from the original s.39B(1)(a) charge and the court called the accused to defend on amended charges under s.12(2) (punishable under s.39A(2)) and on the two s.12(2) counts in the other file (punishable under s.12(3)). The prosecution's appeal at the…
10 May 2024

[TIMBALAN ] MOHD RONI BIN AYOB

Citation

CA-45A-5-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CA-45A-5-09/2020 (Mahkamah Tinggi)

Prosecution's appeal at the end of the prosecution case was competent in the circumstances described; the court found a prima facie case under s.12(2) ADB (call to defend) based on direct evidence of possession and reliable lab results but declined to convict or apply the trafficking charge under s.39B(1)(a) because the statutory presumption under s.37(da)(iiia) was not available—possession was not proven to the exclusion of others given the demonstrated existence of an alternative individual ('Usop'/'Yusof'); accordingly the accused was discharged from the original s.39B(1)(a) charge and cal…
21 Mar 2023

1. ) Yum Shirley 2. ) CHAN YEN PENG 3. ) PHUAH KIM YEAN 4. ) WONG KWAI MOON 5. ) CHAN YIN HAN 6. ) CHAN SAW WAN 7. ) TOO HING YEAP 1. ) Chew Pit King 2. ) CHUNG ONN SOON 3. ) CHEW CHOON FATT 4. ) CHEW CHOON TET

Citation

22NCVC-513-09/2015 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-513-09/2015 (Mahkamah Tinggi)

The amendment application was dismissed because there was an inordinate delay (approximately seven years and post-trial) with no satisfactory explanation for the delay and because allowing the amendments would cause prejudice to the defendants that could not be compensated by costs; the proposed amendments were not treated as changing the character of the suit but the delay and prejudice were determinative.
24 Apr 2022

PEREMESARY A/P A RAMU (mendakwa sebagai ibu yang sah kepada RUBEAN RAJ A/L RAMU) 1. ) YEO SIY HUN @ YEO SER HUAN 2. ) GRAND BEAM ENTERPRISE SDN BHD

Citation

JA-12A-29-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-29-08/2021 (Mahkamah Tinggi)

The Sessions Court judge did not err: the solicitor-sworn affidavit was admissible because it narrated facts within the solicitor's personal knowledge from conducting the hearing, but the amendment application was a late afterthought filed to align pleadings with favourable evidence, would change the character of the suit and prejudiced the defendants; moreover the ruling was interlocutory and non-appealable, so the High Court refuses to overturn the dismissal of the amendment and dismisses the appeal with costs.
15 Feb 2022

KAMAL HISHAM BIN JA'AFAR METRO BAYU SDN BHD

Citation

JA-12ANCvC-7-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCvC-7-02/2021 (Mahkamah Tinggi)

The court held that the Sessions Court's dismissal of the application to amend the Statement of Claim was appealable because the amendment application was made before trial and the dismissal finally disposed of the Appellant's rights in relation to the proposed causes of action; preliminary objections by the First Respondent regarding non-joinder and defects in the Notice of Appeal were without merit because such irregularities are curable under Rules of Court (Order 15 r6 and Order 2 r3).

Malaysia Case Law

[TIMBALAN ] MOHD RONI BIN AYOB

[TIMBALAN ] MOHD RONI BIN AYOB

1. ) Yum Shirley 2. ) CHAN YEN PENG 3. ) PHUAH KIM YEAN 4. ) WONG KWAI MOON 5. ) CHAN YIN HAN 6. ) CHAN SAW WAN 7. ) TOO HING YEAP 1. ) Chew Pit King 2. ) CHUNG ONN SOON 3. ) CHEW CHOON FATT 4. ) CHEW CHOON TET

PEREMESARY A/P A RAMU (mendakwa sebagai ibu yang sah kepada RUBEAN RAJ A/L RAMU) 1. ) YEO SIY HUN @ YEO SER HUAN 2. ) GRAND BEAM ENTERPRISE SDN BHD

KAMAL HISHAM BIN JA'AFAR METRO BAYU SDN BHD