22 Sept 2022
TAN KIM CHUAN 1. ) TAN KIM TIAN 2. ) TAN BAN SENG (M) SDN BHD 3. ) PROPERLAND REALTY SDN BHD
- Citation
- 02(i)-16-03/2021(W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- 02(i)-16-03/2021(W) (Mahkamah Persekutuan)
The Federal Court held that directions given under s.237(3) CA / s.487(3) Act 777 are appealable where, on the factual matrix, the court's order operates as a final determinative order affecting substantive rights; applying that test the High Court's order in this case was not purely advisory and the Court of Appeal was right to intervene and direct implementation of the agreed first right of refusal and related sale arrangements; accordingly specified questions on appealability were answered affirmatively and the Court of Appeal's orders were affirmed.