An appeal under the CJA is only permissible on a question of law when the amount in dispute does not exceed ten thousand ringgit; otherwise, the appeal is incompetent.

JUDGMENT

Leong Wai Hong JC:

Introduction

[1] This appeal deals with a short legal point. But it is an important point.

[2] I have written this Judgment as I have taken judicial notice from a few appeals before me that some lawyers are not aware that "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."

[3] This filter is set out in s 28(1) of the Courts of Judicature Act 1964 ["CJA"].

[4] The respondent/plaintiff had sued for RM3,000.00. After full trial he was awarded judgment for RM3,000.00 and costs of RM100.00 from the Magistrate. Dissatisfied, the appellant/defendant had filed an appeal to the High Court.

[5] However, as the amount in dispute or the value of the subject matter is ten thousand ringgit or less, the appeal must be on a question of law.

[6] I had dismissed the appeal on 10 November 2022 as the appellant/defendant had not raised any question of law in this appeal. These are my Grounds of Decision.

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

Background Facts

[8] The plaintiff was employed as a Senior Lecturer by the defendant at its Kolej Universiti Tunku Abdul Rahman Pahang branch.

[9] He had resigned from his post with the defendant on 15 December 2021 which the defendant had accepted on 17 January 2021. The plaintiff's last day of service with the defendant was agreed to be 14 February 2022. [See Record of Appeal encl 3 p 36]

[10] Subsequently, on 21 March 2022 the plaintiff had filed a suit at the Magistrate's Court against the defendant for non-payment of a 2021 bonus payment to him.

[11] He based his claim on a circular "To All Staff Members Re: Bonus for the Year 2021" dated 20 January 2022 issued by the defendant. [See Record of Appeal encl 3 p 22 ("Bonus Notice").

[12] The defendant disagreed. The crux of the defendant's submissions is that "there is simply no obligation, contractual or otherwise, on the defendant's part to make any bonus payment to the plaintiff". [See the plaintiff's written submissions dated 22 September 2022 at para 5]

[13] At the trial the plaintiff testified in person. The defendant called as its sole witness one Ms Chan Yoke Ying. She is a Director of the defendant.

[14] The learned Magistrate after hearing the testimonies of the two witnesses and construing the terms in the Bonus Notice concluded that the plaintiff was entitled to the bonus payment of RM3,000.00 on the ground that he was still employed by the defendant when the Bonus Notice was issued. [See the Grounds of Judgment at para 11 at Rekod Rayuan Tambahan]

[15] The Magistrate awarded judgment for RM3,000.00 and costs of RM100.00. The defendant had appealed to me.

The Appeal Before Me

[16] As the appeal is only on RM3,000.00, ie for a sum less than RM10,000.00 the defendant must satisfy s 28(1) of the CJA.

[17] Section 28 (1) of the CJA reads as follows:

28. Civil appeals from subordinate courts

(1) Subject to any other written law, 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]

[18] A similar provision to s 28(1) of the CJA is s 68(1)(a) of the CJA. Due to their similarities, it will be necessary to refer to s 68(1)(a) of the CJA and cases that construe it when interpreting s 28(1) of the CJA. Therefore, before I consider s 28(1) of the CJA, it would be useful to set out s 68(1)(a) of the CJA and also set out the significant differences in the wordings used in s 28(1) and s 68(1)(a) of the CJA.

[19]Section 68(1)(a) of the CJA provides as follows:

68. Non-appealable matters.

(1) No appeal shall be brought to the Court of Appeal in any of the following cases:

(a) When the amount or value of the subject matter of the claim (exclusive of interes