MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
10. Appeal 10.1 Levels of Appeal or Review to a Litigation A party dissatisfied with a decision of the court may appeal to a higher court either as of right or with leave. Appeals from the Magistrates’ and Sessions Courts are to the High Court, and appeals from the High Court are to the Court of Appeal. Most appeals are as of right, although some require leave. Appeals from the Court of Appeal are to the Federal Court with leave. The Federal Court also has a limited jurisdiction under Rule 137 of the Rules of the Federal Court 1995 to review its own decisions. 10.2 Rules Concerning Appeals of Judgments The High Court can hear civil appeals from the Magistrates’ and Sessions Courts. A party is only entitled to appeal if the amount involved is more than MYR10,000 (unless the appeal is on a question of law or concerns child support and alimony payments in divorce cases), and is not an appeal against the dismissal of an application for summary judgment, dismissal of an applica- tion to strike out any writ or pleading and where an application to set aside a judgment in default is allowed. See Section 28 of the Courts of Judi- cature Act 1964. The Court of Appeal can hear civil appeals from the High Court. A party is entitled to appeal as of right, except: • where the amount claimed is less than MYR250,000 (leave is required); • where the judgment or order is made by con- sent of parties;
• where the judgment or order relates to costs only (leave is required); • where by any written law for the time being in force the judgment or order is expressly declared to be final; or • where there is a decision in a summary way on an interpleader summons where the facts are not in dispute (leave is required). A party is not entitled to appeal to the Court of Appeal against the dismissal of an application for summary judgment or the dismissal of an application to strike out any writ or pleading and where an application to set aside a judgment in default is allowed. See Section 68 of the Courts of Judicature Act 1964. The Federal Court can hear civil appeals from the Court of Appeal. A party intending to appeal must first obtain leave of the Federal Court and satisfy the following conditions under Section 96 of the Courts of Judicature Act 1964, namely that the appeal is against: • a judgment or order of the Court of Appeal in respect of a matter decided by the High Court in its original jurisdiction involving a question of general principle decided for the first time, or a question of importance upon which fur- ther argument and a decision of the Federal Court would be to public advantage; or • a decision as to the effect of any provision of the Constitution, including the validity of any written law relating to any such provision. 10.3 Procedure for Taking an Appeal An appeal to the High Court must be lodged within 14 days from the date of the decision. See Order 55 Rule 2 of the Rules of Court 2012.
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