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ASSIGNMENT 1  CIVIL PROCEDURE REENUSORUBIYE D/O RAMUNAIDU 012019020311 MARYAM KARAMBA 01201809

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PROCEDURE TO COMMENCE AN APPEAL IN CIVIL CASE  (ORDER 56 of RULES OF COURT 2012)

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Appeals from
Registrar of High
Court to the Judge
in Chambers. (O. 56,
Appeals from High
Court to Court of
Appeal. (O. 56, r. 2)
Choong Su Kong
v Sia Hiong Tee
S67 and SO of
Court Judicature
Ac f

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At the hearing of the appeal fresh
evidence shall not be admitted
unless the Judge is satisfied that
Except so far as the Court may
otherwise direct, an appeal under this
rule shall not operate as a stay of the
proceedings in which the appeal is
brought.
Appeal from Judge (O. 56, r. 2) Subject
to section 68 of the Courts of Judicature
Act 1964, a party may appeal fo the
Couri of Appeal against any judgment,
order or decision made by a Judge in
Chambers.
(0.
•An appeal shall lie to a Judge
in Chambers from any
judgment, order or decision of
the Registrar of the High Court.
- The appeal shall be brought by
serving on every other party to the
proceedings in which the judgment,
order or decision was given or made a
notice in Form 114 to attend before the
Judge on a day specified in the notice
the notice shall be filed within 14 days
affer the judgment, order or decision
appealed against was given or made,
and shall be served not less than
15days before the date fixed for the
hearing of the appeal.

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4 copies of notice of
appeal in Form 1 of
Rules of Court of Appeal
Filing fees for record
of appeal with the
memorandum of
appeal Rm50.
Serve notice of
appeal on the
respondent within
the time limited for
appeal (1 month)
Filing fees for
notice of appeal
Rm 300
3 Sent a copy of
notice of appeal by
registered post to the
registry of the COA.
serve the
appeal record
within 8 weeks
from the date
of filling the
notice of
appeal

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S67 of
Court
Judicature
Act
the court of appeal has the jurisdiction fo hear and determine
the appeals from any judgment or order of any of the HC in any
civil cause or matter, whether made in exercise of its original
jurisdiction or appellate
There is a further right to appeal from the High Court to
the Court of Appeal in respect of the decision of the
subordinate court
• Section 67 act makes provision for further appeal to the COA
from the decision of the HC.

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MATTERS WHICH ARE NON- APPEALABLE TO THE COURT OF APPEAL

Section 68 of
the Courts of
Judicature
Act 1964
When the amount or value of the subject matter of the claim
(exclusive of interest) is less than RM250,000, except with leave
of the Court of Appeal
Where the judgment or order relates fo costs only, which by
law are left to the discretion of the Court, except with the leave
of the Court of Appeal;
Where by any written law for the time being in force, the
judgment or order of the High Court is expressly declared to be
final
S68(3) No appeal shall lie from a decision of a Judge in Chambers in a
summary way on an interpleader summons, where the facts are not in
dispute, except by leave of the Court of Appeal, but an appeal shall lie
from a judgment given in court on the trial of an interpleader issue.

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Ishak sues Bala for battery and court awarded Ishak the general sum of RM230,OOO.
Ishak is not happy with the sum awarded and appeals for a sum of RM400,OOO. Bala is
also dissatisfied with the decision and wants to appeal as he contends that Ishak is
contributorily liable for the battery. Bala cross appeals for a sum of RM300,OOO.
Explain as to Ishak's and Bala's appeals.

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Whether  Ishak’s   appeal is considered as  valid appeal under Order 56  Rule  1 of Rules of Court  2012  Whether  Bala  can make a cross-appeal under Order 56 R ule  2  of the Rules of Court 2012 since  Bala  was dissatisfied with the  decision Whether  Bala  could set aside the judgment made by the High Court and apply for cross appeal in the Court of Appeal

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Order 56 Rule 1 The  appeal began with the registrar of the high court and progressed to the judge in chambers . APPEAL TO DISTRICT JUDGE IN CHAMBERS If  a party is dissatisfied with a Registrar's decision, the party may appeal to a District Judge, who will hear the appeal in chambers. To file an appeal, no permission from the Court is required. To apply for appeal, the notice of appeal in Form 112, Appendix A of the Rules of Court must be issued within 14 days following the Registrar's decision.

APPEAL TO HIGH COURT JUDGE IN CHAMBERS The aggrieved party may file an appeal with the High Court Judge sitting in Chambers. Before attempting to collect more  than $ 50,000,  the party must first get permission. Any party filing an appeal must notify the other parties of a specified day and time for their appearance before the High Court Judge. This Notice of Appeal (Form 113, Appendix A) must be filed within 14 days of the Registrar's judgement, order, or decision and delivered to all parties within 7 days of its issuance.

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If a party receives a judgement from a judge in chambers, the party has the right to appeal to the Court of Appeal . Any  party or respondent to an appeal may file a notice of cross appeal in the High Court within fourteen days of receiving the record of appeal and serving a duplicate copy of the notice on the appellant. The Court has the authority to allow any changes to the notice of cross-appeal as it sees suitable. In order for the Court of Appeal to consider any appeals, leave must be granted (section 68 of the Courts of Judicature Act 1964)

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In the case of Kabushiki, the plaintiff filed a lawsuit for specific performance of an agreement to buy shares in a company. The High Court ruled that a valid and binding contract had come into existence between the plaintiff and the first defendant, and awarded damages instead of specific performance. In response to this, the first defendant filed a notice of cross-appeal in order to set aside the decision granting damages. The decision rendered by the High Court against the first defendant is extremely unfavourable for him.  The Court of Appeal ruled that a cross-appeal was for variations of the decision appealed against, but not for setting aside any other unrelated decision of the High Court.   For example, in the case of See Chee How, the plaintiffs requested four possible remedies against defendants. Two remedies were granted, while two were denied. The defendant appealed for 2 of the granted  remedies and the plaintiffs filed cross appeal  for two of the denied remedies

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In the case of  Choong  Su Kong v  Sia   Hiong  Tee, Plaintiffs brought suit against defendants based on an order issued by SAR on December 6, 2012, and the court found that the plaintiffs had missed the deadline when they filed a notice of appeal on December 13, 2012, from the date of clarification. But, only defendants' letter acknowledges their failure to amend the relevant date on the order, which was given as December 6, 2012. In not insisting that the plaintiffs file the order pronounced on October 1, 2012 before filing the subsequent order on December 6, 2012, the plaintiff believing the date to be true is not guilty. According to order 56 rule 1(3) of the rules of court 2012, an appeal must be filed within fourteen days unless the court says otherwise .

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Ishak's  appeal was valid .  This is because  Ishak’s  appeal  is accepted in the high court by the   Judge  in chamber as it was done in accordance with Order 56(1) of the R ules  of Court 2012. It is certain that the  High Court  found that  the  defendant ( Bala ) has committed battery on  the plaintiff ( Ishak ). The court granted  Ishak  a general sum of RM230,000 and  Ishak  is unhappy with the amount, thus  Ishak  (the applicant) appeals for a sum of RM400,000 .  Bala   (respondent) has the right to cross-appeal   if he want the decision of  hight  court to be varied ,but  B ala  cannot because bring any matter out of the  desition  of the  hight  cour t  becouse   Court of Appeal jurisdiction is for rehearing the decision appealed against, not to set aside the judgement made by the High  Court,  he  claims that  I shak   is contributorily liable for the  battery, allegedly committed by him ( Bala ).  Pursuant to  Order  56  Bala   may serve notice of cross appeal in the  Court of  Appeal  and serve the appellant with a duplicate copy of the Form 113 that he intends to argue for a variance on the hearing of the appeal. The Court is allowed to make amendments to the notice of cross-appeal at any time as it sees fit . However in the case of  Kabushik  where the court held that   Court  of Appeal jurisdiction is for rehearing the decision appealed against, not to set aside the judgement made by the High Court, therefore  Bala  could not bring any claim unrelated with the decision of High Court

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Ishak’s  appeal was valid as it was made according to the provision provided under Order 56 rule 1 of the Rules of Court  2012 Bala  can make cross appeal as provided under Order 56 rule 2 of Rules of Court  2012 Court of Appeal jurisdiction is for rehearing the decision appealed against, not to set aside the judgement made by the High Court, therefore  Bala  could not bring any claim unrelated with the decision of High Court

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