Malaysia Case Law: Decisions & Judgments

Topic

Record of appeal requirements

Legal area

Court

29 Sept 2025

INNO-WANGSA OILS & FATS SDN BHD RAKSAM INGRIDIENTS PRIVATE LIMITED

Citation

N-02(IM)(C)-412-03/2025 (Mahkamah Rayuan)
Court

IM
Case number

N-02(IM)(C)-412-03/2025 (Mahkamah Rayuan)

The appeal was struck out because the appellant wilfully omitted material and mandatory High Court cause papers (including the originating summons and affidavits) and committed multiple intitulement and filing errors; those omissions breached Rule 18(4) and PD-1/2017, caused serious prejudice and a substantial miscarriage of justice that could not be cured under Rule 3A, and amounted to abuse of process — therefore the respondent's motion to strike out succeeded and costs were awarded to the respondent.
10 Jun 2024

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

Citation

JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)

The High Court held the Sessions Court's allowance for the defendants to produce the forensic report was a discretionary interlocutory ruling made in the course of trial and not appealable at this stage; on the merits the trial judge did not err in exercising discretion to admit the report as relevant and non‑prejudicial, and the plaintiffs' record of appeal was defective for failing to include pleadings, rendering the stay appeal nugatory; both appeals were dismissed.
1 Jan 1900

NAMACHIVAYAM SELVARAJA (PASPORT INDIA NO: Z1807604) NARAYANASAMY A/L KRISHNAN (NO. K/P: 520126-07-5569)

Citation

PA-12BNCC-7-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCC-7-12/2018 (Mahkamah Tinggi)

Failure to serve the notice of appeal on the respondent within the statutory period under Order 55 is fatal and renders the appeal incompetent; failure to serve the draft index and filing an incomplete Record of Appeal is likewise a fatal non-compliance; late supplementary records filed without leave do not cure these defects — therefore the appeal must be struck out.

Malaysia Case Law

INNO-WANGSA OILS & FATS SDN BHD RAKSAM INGRIDIENTS PRIVATE LIMITED

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

NAMACHIVAYAM SELVARAJA (PASPORT INDIA NO: Z1807604) NARAYANASAMY A/L KRISHNAN (NO. K/P: 520126-07-5569)