Azizan Md Arshad J:

Introduction

[1] This appeal has presented a significant legal issue for the High Court to examine, serving as a reference for the Lower Courts. In this judgment, the Plaintiff is the Respondent and Pacific & Orient Insurance Co Berhad is the Appellant/3rd Defendant.

[2] This is an appeal against the decision delivered by the Learned Sessions Court Judge (HMS) on 13 June 2024, who has struck out (batal) the application filed by the Appellant/3rd Defendant which was made through Lampiran 7 pertaining to the request to set aside the dated O 3 November 2023 and Lampiran 10 (concerning the application to suspend or stay the enforcement of the dated Order 3 November 2023)

Principles Of Appeal From A Subordinate Court

[3] All civil appeals from a Subordinate Court shall be by way of re-hearing [see s 29 Courts of Judicature Act 1964 and O 55 r 2 of the Rules of Court 2012].

(i) In Chan Lai Yoke & Anor v. ESS Engineering Sdn Bhd (Encl 64) 2021 MarsdenLR 3576, held that:

"Order 55 r 2 of the Rules of Court 2012 provides that all appeals to the High Court shall be by way of re-hearing. The White Book on the Malaysian Civil Procedure 2021 Vol 1, p 812 at para 55/2/1 st