MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
10.5 Court-Imposed Conditions on Granting an Appeal An appellate court does not generally impose conditions when granting an appeal, but may order appropriate consequential relief to give effect to its decision or in the interests of justice. See R Rama Chandran v The Industrial Court of Malaysia & Anor [1997] 1 CLJ 147. 10.6 Powers of the Appellate Court After an Appeal Hearing Once an appellate court decides the appeal, it is generally functus officio and has no further powers. The appellate court may, however, grant a stay or other similar relief pending a further appeal, or issue consequential orders to clarify or give effect to its decision. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation A successful party is usually entitled to costs from the losing party. While it is possible to sub- mit a bill of costs to the court which will include details of the costs of the litigation (see Order 59 Rule 7(2) of the Rules of Court 2012), in practice the court will award a lump sum to the success- ful party as costs, which may not be representa- tive of the actual costs incurred. An award of costs may be challenged by way of an appeal. 11.2 Factors Considered When Awarding Costs In awarding costs, the court is required to take into account all relevant circumstances and, in particular, the following:
An appeal to the Court of Appeal must be lodged within 30 days from the date of the decision. See Rule 12 of the Rules of the Court of Appeal 1994. An application for leave to appeal to the Federal Court must be filed within 30 days from the date of the decision. See Rule 47 of the Rules of the Federal Court 1995. If the Federal Court grants leave, the notice of appeal must be filed within the period directed by the Federal Court. See Rule 108 of the Rules of the Federal Court 1995. 10.4 Issues Considered by the Appeal Court at an Appeal In the case of an appeal after full trial, the appel- late court will not interfere with the factual find- ings of the trial judge, save where the decision of the trial judge was plainly wrong as it could not reasonably be explained or justified and was one which no reasonable judge could have reached. See Jade Homes Sdn Bhd v Sivanan- than Krishnan [2021] 7 CLJ 487. In the case of other appeals, the decision of the lower court will be treated as involving an exer- cise of discretion, and there is a presumption that this discretion was correctly exercised. As such, the appellate court will only intervene if it is clearly satisfied that the lower court was wrong. See Vasudevan v T. Damodaran & Anor [1981] 2 MLJ 150. In exceptional circumstances, new points that were not raised in the lower court may be raised for the first time in the appeal with leave, such as new points of law which arise from the factual matrix before the lower court. See Keng Soon Finance Bhd v MK Retnam [1989] 1 MLJ 457.
894 CHAMBERS.COM
Powered by FlippingBook