Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 52 rules of court 2012 r.2b and r.3
  • 13 May 2020

    LOKMAN NOOR BIN ADAM (NO. K/P: 730101-01-5215) PUBLIC PROSECUTOR

    Citation
    W-05-19-01/2020 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-05-19-01/2020 (Mahkamah Rayuan)

    Order 52 r.2B must be read literally as requiring a personal notice to show cause to be given before any application for leave; that requirement is satisfied by a pre‑action notice served by the putative applicant (such as MACC) and the rule does not mandate the notice to be issued by the court; the High Court correctly dismissed the appellant's application to set aside the leave and the Court of Appeal dismissed the appeal, affirming the validity of the leave to commence committal proceedings.

    • Scandalising the court
    • Committal proceedings
    • Order 52 rules of court 2012 r.2b and r.3
    • Leave to commence committal
    • Notice to show cause
    • Service requirements