Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Recusal of judge

Legal area

Court

4 Jul 2025

Tommy Thomas @ Mohan A/L K. Thomas Sharil @ Shahrir Bin Ab Samad

Citation

W-01(IM)(NCvC)-28-01/2025 (Mahkamah Rayuan)
Court

IM
Case number

W-01(IM)(NCvC)-28-01/2025 (Mahkamah Rayuan)

Applying the objective real danger of bias test, the Court of Appeal found the High Court judge's written grounds contained erroneous summaries and evaluative statements that went beyond pleadings and evidence, which a fair-minded informed bystander could view as demonstrating prejudgment; therefore the appeal was allowed and the judge was ordered to recuse from all future proceedings and trial in Suit 86.
27 Sept 2022

KAMARUDDIN BIN ABD RAHIM [ ]

Citation

AA-44-53-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-44-53-08/2022 (Mahkamah Tinggi)

Because the Court of Appeal dismissed the stay application, any High Court stay application became academic; the High Court had previously afforded adjournments to enable the accused to seek a stay at appellate level, and further attempts to relitigate the stay in the High Court amounted to an abuse of process; section 100 prevents automatic stay absent appellate order; accordingly the stay application was struck out and the trial continued.