Malaysia Case Law: Decisions & Judgments

Topic

Interlocutory appealability

Legal area

Court

5 Feb 2025

RAJADEVAN A/L VAMADEVAN 1. ) MOHD NIZAM BIN SAIDON 2. ) NURUL HAILA HANIM BINTI HARIF

Citation

KD-A72-6-09/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KD-A72-6-09/2024 (Mahkamah Majistret)

Representation by an advocate or solicitor lacking a valid practising certificate contravenes ss36 and 37 of the LPA and is unlawful; the subsequent appearance of a licensed advocate as a proxy does not cure the initial defect; therefore dismissal of the Defendant's application was justified and the Notice of Appeal is dismissed with costs.
10 Jan 2025

MTRUSTEE BERHAD (yang dahulunya dikenali sebagai AmTrustee Berhad) (sebagai pemegang amanah untuk Hektar Real Estate Investment Trust) TASHIMA DEVELOPMENT SDN BHD

Citation

JB-37J-3-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-37J-3-12/2023 (Mahkamah Tinggi)

The SAR's ruling was upheld because the creditor failed to follow the mandatory procedure under Order 48 Rules of Court 2012 for examination and document production against a corporate judgment debtor; the JDS as issued under Order 74 was not valid for a corporate debtor and should have been commenced in the original court (Sessions Court); the SAR's refusal was an interlocutory procedural ruling and not appealable, and there was no basis to interfere with the SAR's discretionary exercise.
8 Sept 2024

1. ) MUHAMMAD HAFIZAM BIN NORDIN 2. ) MUHAMMAD SYAZWAN BIN MAT RABI XXXX

Citation

JA-12B-92-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-92-11/2020 (Mahkamah Tinggi)

The Court upheld the Sessions Court judge's refusal to allow Enclosure 73 because the defendants failed to demonstrate that the purported new evidence was unforeseen or that reasonable diligence could not have obtained it earlier; the six‑month delay and lack of explanation, together with the prejudice to the plaintiffs, rendered the exercise of discretion to recall improper. Accordingly the interlocutory decision dismissing Enclosure 73 is justified and the evidence arising from the recalled witnesses is to be expunged from the appeal record.
17 Jul 2024

1. ) MUSA BIN AHMAD 2. ) MOHAMAD ZUKARNAIN BIN MOHD ZAKARIA

Citation

AB-45A-2-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45A-2-03/2020 (Mahkamah Tinggi)

The court held that an appeal against an interlocutory ruling to call the defence is not competent at this stage; on maximum evaluation the prosecution had established a prima facie case of trafficking under s.37(da) given the quantities, proximity of the drugs to both appellants and corroborating indicia (small packets, digital scale, conduct of first appellant), chain of custody was intact and therefore the appellants were called to enter their defence; a charging anomaly regarding splitting of heroin and monoacetylmorphines is curable under s.422 CPC and the second charge may be amended ac…
10 Jun 2024

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

Citation

JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)

The High Court held the Sessions Court's allowance for the defendants to produce the forensic report was a discretionary interlocutory ruling made in the course of trial and not appealable at this stage; on the merits the trial judge did not err in exercising discretion to admit the report as relevant and non‑prejudicial, and the plaintiffs' record of appeal was defective for failing to include pleadings, rendering the stay appeal nugatory; both appeals were dismissed.

Malaysia Case Law

RAJADEVAN A/L VAMADEVAN 1. ) MOHD NIZAM BIN SAIDON 2. ) NURUL HAILA HANIM BINTI HARIF

MTRUSTEE BERHAD (yang dahulunya dikenali sebagai AmTrustee Berhad) (sebagai pemegang amanah untuk Hektar Real Estate Investment Trust) TASHIMA DEVELOPMENT SDN BHD

1. ) MUHAMMAD HAFIZAM BIN NORDIN 2. ) MUHAMMAD SYAZWAN BIN MAT RABI XXXX

1. ) MUSA BIN AHMAD 2. ) MOHAMAD ZUKARNAIN BIN MOHD ZAKARIA

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI