10 Jan 2023
TAN SRI ROZALI BIN ISMAIL ABDUL HADI BIN HAMAD
- Citation
- WA-12ANCvC-112-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-112-04/2022 (Mahkamah Tinggi)
A court-appointed Hakam, exercising functions under s48 Act 303 and Practice Direction No.1/2006, is a person acting judicially and is therefore protected by common law judicial immunity and by statutory immunity under s14(1) and s14(2) Courts of Judicature Act 1964; statements and acts coram judice are further protected by absolute privilege; the proceedings also constituted duplicity of proceedings given pending Syariah appeals; accordingly the Sessions Court’s striking out of the writs was correct and the appeal is dismissed.