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2023 MarsdenLR 229

HIGH COURT MALAYA JOHOR BAHRU
MOHAMMAD HAFIZI BAHARI & ANOR – Appellant
Versus
THANABALAN M RAJAMANICKAM; PACIFIC & ORIENT INSURANCE CO BERHAD (PR.... – Respondent


Petitioner Advocates:Kamalanathan Ratnam,Vinod R Kamalanathan ,Respondent Advocate: Lee Yen Yee

Table of Content
1. appeal concerning the intervention in the sessions court. (Para 1)
2. explanation of non-appealable matters under the act. (Para 2 , 4)
3. definition of 'decision' impacting appeal rights. (Para 3 , 6 , 7)
4. final determination of appeal jurisdiction. (Para 8)
Aslam Zainuddin J:

[1] This appeal by the first and second respondents 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 (case no JA-12A-25-07/2021) and to apply to set aside the judgment in default which was obtained against the third respondent (case no JA-12A-26-07/2021). The appellant was the insurer for the third 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-appeal

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