Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Appeals procedure
  • 1 Jan 1900

    LIM CHOON SENG LIM POH KWEE

    Citation
    02(F)-16-03/2019(J) (Mahkamah Persekutuan)
    Court
    F
    Case number
    02(F)-16-03/2019(J) (Mahkamah Persekutuan)

    The Federal Court held that a decision of the Court of Appeal cannot reverse separate High Court orders in separate proceedings affecting defendants who did not lodge appeals; a test case does not relieve each affected defendant of the obligation to file a separate notice of appeal where separate judgments have been drawn; the Court of Appeal lacked jurisdiction to bind non-parties in the absence of appeals or applicable exceptions; consequently the Court of Appeal's decision was set aside and the High Court judgment reinstated based on the valid notice to quit and trial findings not being pl…