Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Derivative pension rights
  • 18 Dec 2020

    SUBRAMANIAM A/L MURUGAN

    Citation
    B-06B-42-06/2018 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-06B-42-06/2018 (Mahkamah Rayuan)

    Section 320 CPC applies only to appeals under Chapter XXX to the High Court and does not automatically apply to appeals to the Court of Appeal; therefore a pending criminal appeal in the Court of Appeal does not automatically abate on the appellant's death and the Court has discretion to allow substitution where the applicant demonstrates a sufficient legal pecuniary or property interest — here the widow's prospective derivative pension and related financial interests constituted sufficient legal interest to appoint her as personal representative and allow continuation of the appeal.