4-Court of Appeal 2007

ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A Faculty of Syariah and LawLBA 1043 Malaysian Legal System II Superior Court Court of Appeal © Muhammad Nizam Awang @ Ali • Constitution • Civil Appeal Discussion Points – General Rule of Civil Appeal – Conditions to Civil Appeal – Appellate Civil Power • 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) Appeal (2) Court of Appeal (b) Appeal (1) Appeal (1) High Court Original J. Original J. Subordinate Courts Conditions to Civil Appeal – s.68 No appeal if…. Not Okay !!! Okay with the COA’s leave Amount claimed < RM250,000 the proceedings cost decided by the lower court Consent Judgment The Specific Law says: HC decision is final!! 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) Court of Appeal s.50(2) Appeal (2) ON QUESTION OF LAW only (UNLESS WITH COA LEAVE) Appeal (1) High Court Appeal (1) First-Instance Sessions Courts Magistrate’s Courts First Instance Appellate Criminal Power Summarily dismiss the appeal Confirm, reverse or vary decision made by the trial court Appellate Criminal Power Order retrial or remit to the trial court Make order contempt of court – s.13 Quash, confirmed, or vary sentence made by the trial court – s.60(2) 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