The phrase 'amount in dispute' in s 28(1) of the CJA refers to the judgment sum of the subordinate Court, not the claimed amount, requiring a question of law for appeals below ten thousand ringgit.

Introduction

[1] I have on 12 June 2023 dismissed the appeal before me. The appellant/ plaintiff has now obtained leave to appeal to the Court of Appeal on 1 November 2023 and filed the appeal on 28 November 2023.

[2] The sole but important issue argued before me was whether the phrase "where the amount in dispute or the value of the subject-matter" in s 28(1) of the Courts of Judicature Act 1964 ["CJA"] refers to the judgment sum of the subordinate Court or the sum claimed by a plaintiff or the combined sum of a claim and a counterclaim. These are my Grounds of Decision.

[3] To date, according to counsel there are no written decisions by the Court of Appeal on the meaning of the phrase "where the amount in dispute or the value of the subject-matter" in s 28(1) of the CJA.

[4] The appeal [Enclosure 1] is against the decision of a Magistrate dated 13 January 2023 after a full trial. The learned Magistrate has allowed a nominal sum of RM500.00. The alleged costs of repairs of RM15,000.00 to a motorbike was not accepted by the Magistrate on the ground it was only an estimate and the actual repair costs were not proven. [See encl 6 Grounds of Decision pp 14 to 23 at paras 20-21].

[5] At the appeal before me, the Respondents raised a preliminary objection [via encl 25] that no question of law was posed in the Notice of Appeal or in the Memo of Appeal as required under s 28(1) of the CJA which states:

...no appeal shall lie to the High Court from a decision of a subordinate Court in any civil cause or matter where the amount in dispute or the value of the subject-matter is ten thousand ringgit or less except on a question of law.

[Emphasis Mine]

[6] I have agreed with the respondents and have dismissed the appeal on 12 June 2023 with costs of RM3,000.00.

[7] Parties shall be referred to as they were cited at the Magistrate's Court.

Background Facts

[8] The plaintiff's driver was driving the plaintiff's vehicle on 3 June 2015 at around 11.30am when it collided with the defendants' vehicle at Jalan Yap Kwan Seng. The plaintiff's car sustained damage as a result of the accident.

[9] The plaintiff filed a suit at the Magistrate's Court against the defendants for damages together with interest and costs.

[10] After a full trial, the learned Magistrate decided that the defendants were 100 percent liable for the accident. However, the learned Magistrate disallowed the plaintiff's claim for special damages of RM15,000.00 which was the alleged cost of repairing the plaintiff's vehicle. The Magistrate's Court only allowed a nominal award of RM500.00 on the ground that there was no evidence that payment of RM15,000.00 has been made to repair the said vehicle.

[11] Dissatisfied with the decision, the plaintiff has filed an appeal to me on the issue of quantum only.

[12] As stated earlier, the defendants raised a preliminary objection to the plaintiff's appeal via a Notice of Preliminary Objection dated 7 June 2023 (encl 24) on the ground that s 28(1) of the CJA is applicable and the plaintiff must show they have a question of law before the plaintiff can proceed with this appeal.

The Appeal Before Me

[13] There are 3 issues. They are:

i. Is the appeal subject to s 28(1) CJA ?

ii. If yes, has the plaintiff put forward a question of law? What is a question of law?

iii. Must the question of law be set out in the Notice of Appeal or in the memorandum of appeal?

1st Issue - Is The Appeal Subject To s 28(1) CJA?

[14] The issue before me is whether the phrase "where the amount in dispute or the value of the subject-matter" in s 28(1) of the CJA refers to the judgment sum of the subordinate Cou