Malaysia Case Law: Decisions & Judgments

Topic

Purposive interpretation

Legal area

Court

9 Sept 2025

1. ) MT VENTURES SDN BHD 2. ) MULTI TOP AUTO SUPPLIES SDN BHD QM PRINT SDN BHD AMICUS CURIE 1. ) Jabatan Peguam Negara 2. ) Tetuan Malis & Khoo

Citation

02(i)-6-03/2024(W) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-6-03/2024(W) (Mahkamah Persekutuan)

Section 68(1)(f) CJA must be construed harmoniously with sections 3 and 67 CJA and read purposively: dismissals of striking‑out applications that merely defer adjudication pending further oral evidence are non‑appealable, but dismissals that finally dispose of parties' rights (jurisdictional threshold defects, res judicata, locus standi, derivative action threshold, state immunity) are appealable. Applying that test, the dismissals in MT Ventures (locus standi threshold) and Azinal (res judicata threshold) raised jurisdictional questions that finally disposed of the defendants' rights and the…
9 Oct 2023

1. ) YONG ING KAI 2. ) HII LEH NGIICK @ HII YAING SING SUPERINTENDENT OF LANDS AND SURVEYS, KUCHING DIVISION

Citation

01(f)-1-01/2022(Q) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-1-01/2022(Q) (Mahkamah Persekutuan)

The Federal Court dismissed the appeal because the sole issue was adequacy of compensation under the Land Code; the Superintendent had awarded RM32.00 p.s.m. which was effectively a valuation consistent with the s48 date and materially similar to s47 valuations, the appellants had purchased the land for RM10.30 p.s.m. and were paid substantially more, and procedural delay or collateral challenges did not justify increasing compensation outside the Land Code framework; objections must be promptly referred to the High Court.
27 Feb 2023

MOHAMAD BASRI IZAN BIN SAID MOHAMMAD KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL

Citation

CB-16-4-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-16-4-07/2022 (Mahkamah Tinggi)

The High Court exercised its power under section 25(2) Schedule item 8 read with the Rules of Court 2012 to extend the 60‑day filing period in section 91 ESSA because the time limit concerned procedure (not the cause of action) and the statute is social legislation requiring purposive interpretation; on the facts the insured's deviation to buy food en route to drop his wife was a reasonable interruption within section 24 and therefore the JRKS decision was set aside and the appeal allowed on the merits.
19 Sept 2022

SATHIASEELAN A/L NAGAPPAN Pertubuhan Keselamatan Sosial (PERKESO)

Citation

A-01(A)-412-07/2021 (Mahkamah Rayuan)
Court

A
Case number

A-01(A)-412-07/2021 (Mahkamah Rayuan)

The Court held that the appellant’s routine travel from his home to his place of stay on a Sunday evening so he could rest and attend work the next day was a journey "for any reason which is directly connected to his employment" under s.24(1)(b) ESSA; the overnight stay did not trigger the s.24(2) exception because it was not a deviation for a separate economic pursuit; appeal allowed, High Court decision set aside and matter remitted to respondent to determine disability benefit on merits.
30 Sept 2020

PENDAKWARAYA 1. RAHMAT BIN GHAZALI 2. MOHD POGI BIN ABD LATEB

Citation

B-09-147-04/2019 & A-09-108-03/2019 (CONCURRING JUDGMENT) (Mahkamah Rayuan)
Court

CONCURRING JUDGMENT
Case number

B-09-147-04/2019 & A-09-108-03/2019 (CONCURRING JUDGMENT) (Mahkamah Rayuan)

Section 50(3) read with 50(2) and construed purposively means the Public Prosecutor is exempt from the leave requirement and, consequently, an appeal by the Public Prosecutor against a High Court decision on a Magistrate's criminal matter need not be confined to questions of law nor must the Public Prosecutor state questions of law in the notice of appeal; appeals by the accused that require leave remain confined to questions of law.

Malaysia Case Law

1. ) MT VENTURES SDN BHD 2. ) MULTI TOP AUTO SUPPLIES SDN BHD QM PRINT SDN BHD AMICUS CURIE 1. ) Jabatan Peguam Negara 2. ) Tetuan Malis & Khoo

1. ) YONG ING KAI 2. ) HII LEH NGIICK @ HII YAING SING SUPERINTENDENT OF LANDS AND SURVEYS, KUCHING DIVISION

MOHAMAD BASRI IZAN BIN SAID MOHAMMAD KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL

SATHIASEELAN A/L NAGAPPAN Pertubuhan Keselamatan Sosial (PERKESO)

PENDAKWARAYA 1. RAHMAT BIN GHAZALI 2. MOHD POGI BIN ABD LATEB