Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Bias and recusal
  • 16 Oct 2023

    Maya Binti Ahmad Fuad

    Citation
    WA-41(Ors)-4-11/2022 (Mahkamah Tinggi)
    Court
    Ors
    Case number
    WA-41(Ors)-4-11/2022 (Mahkamah Tinggi)

    The High Court held the learned M2's dismissal of the appellant's interlocutory application was not appealable because it did not finally dispose of the appellant's rights under s.3 CJA and s.307 CPC; further, the appellant failed to establish that the original magistrate had ceased jurisdiction or that any real likelihood of bias or prejudice occurred, so the continuation of the part‑heard trial was not void and the correct remedies are revision or challenge on final appeal, not an interlocutory appeal.