Right of appeal to be disallowed for certain interlocutory proceedings

The Courts of Judicature (Amendment) Bill 2022 (“Bill”) was passed by the Dewan Rakyat (House of Representatives) and the Dewan Negara (Senate) of the Malaysian Parliament on 25 July 2022 and 11 August 2022 respectively to amend, among others, sections 28 and 68 of the Courts of Judicature Act 1964 (“CJA”).
 
The Bill will be presented for Royal Assent, whereafter the law will be gazetted and come into operation on a date to be appointed by the Minister in the Prime Minister's Department (Parliament and Law) by notification in the Gazette.
 
The amendments to sections 28 and 68 of the CJA will preclude the right of appeal in the circumstances set out below.  
 
Appeal from subordinate court to High Court
 
An appeal from a subordinate court to the High Court will no longer be allowed where: 
  1. a subordinate court has dismissed an application for a summary judgment;
  2. a subordinate court has dismissed an application to strike out any writ or pleading; or
  3. a subordinate court has allowed an application to set aside a judgment in default. 
Appeal from High Court to Court of Appeal
 
An appeal from the High Court to the Court of Appeal will no longer be allowed where: 
  1. the High Court has dismissed an application for a summary judgment;
  2. the High Court has dismissed an application to strike out any writ or pleading; or
  3. the High Court has allowed an application to set aside a judgment in default. 
Comment
 
The above-referred amendments to the CJA under the Bill will expedite the time frame for the conduct of litigation as a litigant who is aggrieved by the decision in the interlocutory proceedings mentioned above can no longer appeal against the decision but will have to proceed to the next stage of the proceedings.
 
Alert by Karen Tan Wee Sean (Senior Associate) of the Dispute Resolution Practice of Skrine
  

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.