27 Jan 2021
PENDAKWARAYA SUDESH RATNARAJAH & 78 LAGI
- Citation
- W-05-234-05/2019 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- W-05-234-05/2019 (Mahkamah Rayuan)
The Court held that forfeiture proceedings under s56 are civil and may accommodate representative actions; section 61(4)(a)-(e) are to be read conjunctively; the High Court misdirected itself by effectively treating the paragraphs disjunctively and failing to determine whether requirements in s61(4)(c),(d),(e) were met; the matter is remitted to the High Court to determine those elements and, depending on that determination, to order return of RM1,112,700.00 or forfeiture to the government.