2011 MarsdenLR 3717 ; 2011 MarsdenLR 1

ARIFIN ZAKARIA, ZULKEFLI MAKINUDIN, JAMES FOONG
KOPERASI JIMAT CERMAT DAN PINJAMAN KERETAPI BHD – Appellant
Versus
KUMAR GURUSAMY – Respondent

The right of appeal is statutory; without a legal provision allowing it, an appeal to the Federal Court cannot be entertained.

Headnote:(A) Co-operative Societies Act 1993 - Sections 4, 83(1), and 83(7) - Courts of Judicature Act 1964 - Section 96(a) - Federal Constitution - Article 128(3) - Jurisdiction of the Federal Court - Appeal from the High Court - The court determined whether the High Court's jurisdiction was original or appellate, which affects the right to appeal to the Federal Court. (Paras 3, 4, 11, 17)

(B) Right of Appeal - The right of appeal is a statutory creation; without it conferred by law, an appeal cannot be entertained. (Paras 4, 6)

(C) Nature of Clinical Jurisdiction - The appeal lies from a decision rendered in the High Court’s exercise of its original jurisdiction, not its appellate jurisdiction. (Paras 11, 17)

Facts of the case:
The respondent, previously a Vice President of a co-operative society, contested his termination of membership, which was initially upheld by a tribunal but later overturned by the High Court. This led to the Court of Appeal favoring the respondent. The applicant sought leave to appeal to the Federal Court, challenging the High Court's jurisdiction.

Findings of Court:
The Federal Court concluded that the High Court was executing its appellate jurisdiction and thus, the appeals were outside its purview under the CJA.

Issues: Whether the High Court was functioning in original or appellate jurisdiction strongly influenced the outcome.

Ratio Decidendi: The Federal Court emphasized that rights of appeal are determined by statute, and found the subject matter did not grant rights of appeal to the Federal Court.

Result: Application struck out with costs.