Malaysia Case Law

30 Jun 2021

SEE TEOW KOON 1. ) KIAN JOO CAN FACTORY BERHAD 2. ) KIAN JOO PACKAGING SDN BHD 3. ) KJ CAN (SELANGOR) SDN BHD

Citation

08(RS)-12-09/2019(W) (Mahkamah Persekutuan)

Court

RS

Case number

08(RS)-12-09/2019(W) (Mahkamah Persekutuan)

The application for review was dismissed because the earlier Federal Court panel lawfully exercised its discretion under rule 137 and accepted the respondents' version as prima facie plausible; the inherent power to prevent injustice or abuse was correctly invoked to strike out the leave/appeal, the review power is narrowly confined and absence of full written reasons did not warrant review.

• Review jurisdiction
• Inherent powers (rule 137)
• Compromise of judgment
• Leave to appeal
• Strike out procedure
• Natural justice

ASEAN SECURITY PAPER MILLS SDN BHD V. MITSUI SUMITOMO INSURANCE (MALAYSIA) BHD

Citation

ASEAN SECURITY PAPER MILLS SDN BHD V. MITSUI SUMITOMO INSURANCE (MALAYSIA) BHD

Court

Malaysian court

The Federal Court refused the review because r.137 and the court's inherent jurisdiction do not permit re‑examination of the court's own factual findings on appeal except in very limited exceptional circumstances (fraud, lack of quorum, clear statutory breach, inadvertence, bias), no such ground was established here, and permitting the review would undermine finality and encourage judge‑shopping.

• Review jurisdiction
• Inherent jurisdiction
• Finality of judgments
• Insurance fraud
• Agency and company liability
• Rule 137 rfc 1995