Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Definition of 'decision' under courts of judicature act

Legal area

Court

1 Jun 2022

DIAN FATT (MELAKA) SDN BHD SOUTHERN BUILDERS (J) SDN BHD

Citation

JA-22C-5-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-5-06/2020 (Mahkamah Tinggi)

The stay order is interlocutory and does not finally dispose of the rights of the parties within the meaning of s 3 Courts of Judicature Act 1964; accordingly the appeal against that ruling is incompetent and not maintainable, and the appropriate remedies are to apply to set aside or vary the stay or to await final determination at trial.
18 Mar 2021

PETER ANTHONY PUBLIC PROSECUTOR

Citation

WA-44-3-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-3-01/2021 (Mahkamah Tinggi)

The High Court's dismissal of the interlocutory Notice of Motion is not an appealable 'decision' within s3 CJA because it did not finally dispose of the parties' rights; further, the High Court in Malaya and its subordinate Sessions Courts lack jurisdiction to transfer or try matters beyond Peninsular Malaysia (Sabah/Sarawak) so the motion to transfer to Kota Kinabalu was properly dismissed and the court need not consider s417 CPC merits.