HIGH COURT MALAYA JOHOR BAHRU
PACIFIC & ORIENT INSURANCE CO BERHAD – Appellant
Versus
GUNALAN PECHIMUTU & ANOR – Respondent
| Table of Content |
|---|
| 1. an appeal can arise only from final decisions. (Para 1) |
| 2. legislative definitions outline appealability and jurisdiction limits. (Para 2 , 3 , 4 , 5 , 6) |
| 3. efficacy of court rulings tied to statutory definitions of decisions. (Para 7 , 8) |
[1] This appeal by the first respondent arose out of my ruling to allow the appeal by the appellant (the proposed intervenor in the court below) to intervene in the proceedings in the Sessions court and to apply to set aside the judgment in default which was obtained against the second respondent. The appellant was the insurer for the second respondent. In my considered view taken under advisement, the ruling I made is not a decision which finally disposes the rights of the parties herein and ergo not appealable. My reasons are as follows.
The Law
[2] In the Courts Of Judicature Act 1964 (Act 91) it is stated:
" Section 3 -
"decision" means judgment, sentence or order, but does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties;
Non-appealable matters
68. (1) No appeal shall be brought to the court of Appeal in any of t
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