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Parliament made certain amendments to the Courts of Judicature Act 1964 (“CJA 1964“), via the Courts of Judicature (Amendment) Act 2022 [“Amendment Act“].

Amongst others, the Amendment Act amended Section 28(1) of the CJA 1964.

The amendment removed the right to appeal from the Magistrates Court and Sessions Court to the High Court in the following circumstances:

“(b) where a subordinate court dismissed any application for a summary judgment;

(c) where a subordinate court dismissed any application to strike out any writ or pleading; and

(d) where a subordinate court allowed any application to set aside a judgment in default.”

The Amendment Act also amended Section 68(1)(c) of the CJA 1964.

The amendment removed the right to appeal from the High Court to the Court of Appeal in the following circumstances:

“(e) where a High Court dismissed any application for a summary judgment;

(f) where a High Court dismissed any application to strike out any writ or pleading; and

(g) where a High Court allowed any application to set aside a judgment in default.”

The Amendment Act does not have any provision on retrospective effect (read: applying to past/existing cases).

As such, the removal of the right to appeal in the above circumstances will only have prospective effect (read: applying to future cases).

The Minister in the Prime Minister’s Department(Parliament and Law) has appointed for the Amendment Act to come into operation on 1st October 2022.

Disclaimer: The contents of this article are intended for information dissemination and academic discussion only and should not be construed as legal advice on a specific set of facts or circumstances. Should you require legal assistance, you may contact us via email (liti@pelim.my) or via WhatsApp/telephone call (+6011-5672 7813).