Malaysia Case Law: Decisions & Judgments

Topic

Striking out appeals

Legal area

Court

26 Sept 2025

1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

Citation

J-06A(LB)-16-11/2023 (Mahkamah Rayuan)
Court

LB
Case number

J-06A(LB)-16-11/2023 (Mahkamah Rayuan)

The Court held that it may strike out a PP appeal under its inherent power to prevent abuse of process when the notice cannot be served and there is no prospect of the appeal being heard; it may subsequently reinstate a struck out appeal under its inherent power to prevent injustice read with r1A when the respondent is traced; once reinstated the Court had statutory power under s56A CJA to issue a warrant to arrest and to remand or admit to bail; the warrant is presumptively valid under s114(e) EA; and the Court exercised its discretion under s56A to grant bail to the second respondent on con…
26 Sept 2025

1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

Citation

J-06A(LB)-15-11/2023 (Mahkamah Rayuan)
Court

LB
Case number

J-06A(LB)-15-11/2023 (Mahkamah Rayuan)

The Court held that it may strike out appeals under its inherent power to prevent abuse of process where notice cannot be served and there is no prospect of hearing; it may later reinstate those appeals under its inherent power to prevent injustice read with r1A when the respondent is subsequently traced; once reinstated the Court had discretion under s56A CJA to issue a warrant and to grant bail to a respondent arrested under that warrant; s114(e) EA gives a rebuttable presumption of regularity to the issuance of the warrant; applying these principles the Court reinstated the eight appeals,…
27 Apr 2023

Rosli Bin Almanzur Mohamd Ridzwan Bin Kithur Mohamed Sebagai Wakil Diri Kithur Mohamed Bin Mohd Idris (No. K/p: 581226-71-5075)

Citation

PA-12BNCvC-4-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCvC-4-09/2022 (Mahkamah Tinggi)

Multiple, mandatory procedural breaches by appellant — failure to serve the NOA, failure to file and serve a compliant ROA (including Notes of Evidence) within time, failure to apply in writing for NOP and GOJ within time, and absence of evidence validating claimed email service (which is ineffective without a practice direction) — were incurable and prejudicial; no application to regularise was made; therefore the appeal was defective and must be struck out.
28 Apr 2022

WA-22M-1051-12/2019 (Mahkamah Tinggi)

Citation

WA-22M-1051-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-1051-12/2019 (Mahkamah Tinggi)

The 1st Defendant's appeal was invalid because after the winding-up only the liquidator had statutory authority to institute or continue proceedings; the Liquidator's letter purporting to grant a sanction and delegate that power to a contributory was invalid; the court will not grant retrospective validation where the liquidator expressly limited the sanction to the letter date and where there is an unexplained delay; the 2nd and 3rd Defendants' individual appeals remain unaffected.
17 Nov 2021

LIM PEI YING LIM HUI TING

Citation

JB-11ANCVC-3-04/2021 (ENCLOSURE 17) (Mahkamah Tinggi)
Court

ENCLOSURE 17
Case number

JB-11ANCVC-3-04/2021 (ENCLOSURE 17) (Mahkamah Tinggi)

The Notice of Appeal was filed and served after the 14-day statutory period and no admissible and satisfactory evidence justified the delay; the affidavit of the appellant's solicitor (Enclosure 7) was inadmissible because it addressed contentious matters and lacked supporting medical evidence; the extension application was filed only after the respondent moved to strike out and did not provide good reasons for delay; therefore the appeal was incompetent for want of jurisdiction and must be dismissed in limine.
28 Nov 2018

BUMIMETRO CONSTRUCTION SDN. BHD. (Co. No.: 576189-W) 1. TEAMWARE HARDWARE SDN. BHD. (Co No.: 1140996H) 2. MACVILLA SDN. BHD. (Co. No.: 599978-A)

Citation

BA-11BNCVC-14-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-11BNCVC-14-05/2018 (Mahkamah Tinggi)

The High Court held that the Rules of Court do not empower striking out a notice of appeal under O 18 r 19(1) and O 92 r 4; an unendorsed duplicate notice served within 14 days complies with O 55 rr 2 and 3(4) read with O 3 rr 2 and 4; any erroneous prayer in the notice was an irregularity curable under O 2 r 1; on the merits the Magistrate erred in finding Bumimetro liable because the two letters established a tripartite novation under s 63 Contracts Act whereby Macvilla assumed the liability and must indemnify Bumimetro, and the adverse inference under s 114(g) Evidence Act as to Macvilla f…

Malaysia Case Law

1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

Rosli Bin Almanzur Mohamd Ridzwan Bin Kithur Mohamed Sebagai Wakil Diri Kithur Mohamed Bin Mohd Idris (No. K/p: 581226-71-5075)

WA-22M-1051-12/2019 (Mahkamah Tinggi)

LIM PEI YING LIM HUI TING

BUMIMETRO CONSTRUCTION SDN. BHD. (Co. No.: 576189-W) 1. TEAMWARE HARDWARE SDN. BHD. (Co No.: 1140996H) 2. MACVILLA SDN. BHD. (Co. No.: 599978-A)