4-court Of Appeal 2007

ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A Faculty of Syariah and Law

LBA 1043 Malaysian Legal System II

© Muhammad Nizam Awang @ Ali

Superior Court

Court of Appeal

• Constitution • Civil Appeal

Discussion

– General Rule of Civil Appeal – Conditions to Civil Appeal – Appellate Civil Power

Points • Criminal Appeal – Appellate Criminal Jurisdiction – Appellate Criminal Power • Legislations: Federal Consti & Courts of Judicature Act 1964 (Act 91)

Constitution • Art. 121(1B) – judicial power of the Court of Appeal • Art. 122A(1) - composition of Court of Appeal judges: – A chairman (President of the Court of Appeal) – Other ten judges

• Art.122A(2) – High Court judge may sit as a judge if: – Interests of justice so require – Nominated by the President, after consulting the Chief Judge of the High Court

General Rule of Civil Appeal – s.67 (a)

(b)

Appeal (2)

Court of Appeal

Appeal (1)

Appeal (1)

High Court

Original J.

Original J.

Subordinate Courts

Conditions to Civil Appeal – s.68 No appeal if….

Not Okay !!!

Consent Judgment The Specific Law says: HC decision is final!!

Okay with the COA’s leave Amount claimed < RM250,000 the proceedings cost decided by the lower court

Appellate Civil Power – s.71

Order a new trial, unless there is miscarriage of justice

Reverse or vary decision of the HC

Cases in Discussion • Pentadbir Tanah Daerah Melaka Tengah v. Mat Nayan b Tak [1996] 2 MLJ 45

Cases in Discussion (2) • Read also: • Harris Solid State (M) Sdn Bhd v. Bruno Gentil s/o Pereira [1996] 3 MLJ 489 • Tyn Ping Kwan v. Medan Juta Sdn Bhd [1996] 3 MLJ 367 • Jurutera Consultant (SEA) Sdn Bhd & Ors v. Eddie Lee Kim Tak & Ors [199] 1 MLJ 381

Appellate Criminal Jurisdiction –s.50 s.50(1) Appeal (2)

s.50(2) Court of Appeal

Appeal (2) ON QUESTION OF LAW only (UNLESS WITH COA LEAVE)

Appeal (1)

First-Instance

High Court

Sessions Courts

Magistrate’s Courts

Appeal (1)

First Instance

Appellate Criminal Power Confirm, reverse or vary decision made by the trial court

Summarily dismiss the appeal

Make order contempt of court – s.13

Appellate Criminal Power

Quash, confirmed, or vary sentence made by the trial court – s.60(2)

Order retrial or remit to the trial court

Make order as the court think just – s.60(1)

Cases in Discussion • Yeo Yoo Teik V Jemaah Pengadilan Sewa Pulau Pinang & Anor [1996] 2 CLJ 228

Cases in Discussion (2) • Read also: • Wu Shu Chen (sole executrix of estate of Goh Keng Hoe, decd.) v Raja Zainal Abidin b Raja Hussin & Anor [1995] 3 MLJ 224 • Penang Port Commission v Kanawagi Seperumaniam [2003] 1 CLJ 819

Recap • Constitution • Civil Appeal – General Rule of Civil Appeal – Conditions to Civil Appeal – Appellate Civil Power

• Criminal Appeal – Appellate Criminal Jurisdiction – Appellate Criminal Power

Next Lesson

Federal Court Statute: Federal Constitution Courts of Judicature Act 1964