Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 28 courts of judicature act 1964

Legal area

Court

19 Dec 2022

TETUAN MANJIT & CO. KHOR OOI TIT (K.P. NO. 751214-07-5057)

Citation

PA-12A-38-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12A-38-09/2022 (Mahkamah Tinggi)

The court held that 'getting up fees' are appealable but the relevant 'amount in dispute' under s.28 CJA is the adjudged sum decided by the subordinate court (here RM10,000 allowed); because that sum is RM10,000 or less and the notice contained no question of law, the High Court lacks jurisdiction and the appeal is dismissed.
14 Apr 2021

LEE LAI FATT (NO. K/P : XXXXXX-XX-XXXX) CHONG CHEW LAN (NO. K/P : XXXXXX-XX-XXXX)

Citation

JB-12A-3-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12A-3-10/2020 (Mahkamah Tinggi)

The appeal was dismissed as incompetent because the appellant failed to show the value in dispute exceeded RM10,000 and did not formulate a question of law; therefore section 28 CJA barred the appeal and the High Court would not interfere with the Sessions Court's discretionary award of costs absent a demonstrated error of law.