APPEALS

APPEALS

From Subordinate From Registrar of

Courts to High HC to Judge in From HC to CoA To FC
Court Chambers

S.27 CJA S.28 CJA O.56 S.68 CJA S.96 CJA

General principles
 Appeals are creatures of statute (the right of appeal is a creature of statute).
 If there is ever a right of appeal, it is because a particular statute gives it that right.
 If no right of appeal is created by a statute relaying to that matter, then that matter is non-
appealable.

I. Appeals from the subordinate courts

 First line of appeals is from the subordinate courts (i.e. Magistrate + Sessions Court) to the HC.
 S.27 CJA: The appellate civil jurisdiction of the HC shall consist of hearing appeals from the
subordinate courts.
 However, there is a monetary limit—i.e. the amount in dispute must be at least RM10,000/more.
(Conflicting decisions on whether the amount is granted by Courts OR it is what the appellant is
contending).
 If amount in dispute is less than RM10,000—no right of appeal.
o But there are exceptions:
 S.28(1) CJA: Appeal is on a question of law.
 S.28(2) CJA: Appeal is in respect of maintenance of wives/children.
 If written law provides otherwise.
 Kannaya & Anor v Teh Swee Eng [1994] 1 MLJ 508
o The amount disputed was less than RM10,000 + didn’t fall under any exceptions.
o Held: There was no right of appeal.
 The procedure is governed by O.55.
 S.68 CJA: There is a further right of appeal to the CoA.
 Appeals from subordinate courts will stop at the CoA UNLESS it deals with a constitutional
issue/validity of any written law.

II. Appeals from the HC to CoA

 Appeals can be brought to CoA if S.68 CJA is satisfied.
o 3 categories:
 Non-appealable
 Appealable with leave

1
  Appealable as of right
Non-appealable
 S.68(1)(b): Where judgment/order was made by consent of the parties.
o Effect: If at the HC, parties agreed on a consent judgment (which was recorded) + now,
one of the parties want to set aside the consent judgment, it is non-appealable.
o They should go back to the HC to set aside the consent judgment.
 S.68(1)(d): Where judgment/order is declared to be final under any written law.
 There are some statutory provisions that declares a HC’s decision as final, ‫ ؞‬non-appealable.
o E.g. S.33 Industrial Relations Act.

Appealable with leave

 S.68(1)(a): Amount/value of subject matter is less than RM250,000.
o Amer Mohideen Dawood v Sneh Bhar [1996] 2 MLJ 329.
 Value of land is dispute is RM99,000—need leave of Court.
 S.68(1)(c): Where judgment/order related to costs only.
o Party appealing not on merit but as to order as to costs.
 S.68(3): If matter in question was an interpleader proceeding + that interpleader proceeding was
disposed of summarily.

Appealable as of right
 S.68(1)(a): Amount/value of subject matter is more than RM250,000.
 S.68(3): Interpleader proceedings was disposed of after a full trial.
o Subject to S.68(1)(a)—if not, need leave.
o However, if value is RM150,000, do you need leave?
 Yes.
o If interpleader proceedings is disposed of summarily but amount of subject matter is
RM1,000,000, do you need leave?
 Yes.

III. Appeals to FC
 S.96(a): The matter originated from HC AND:
o Involves a question of general principle which is to be decided by the FC for the first time
(novelty requirement); OR
o There is a question of importance upon which further argument + a decision of the FC
would be to the public advantage (public advantage requirement).
 S.96(b): The effect of any provision in the constitution including the validity of any written law.