WONG KIE CHIE vs KATHRYN MA WAI FONG & ANOR AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2231

COURT OF APPEAL PUTRAJAYA
WONG KIE CHIE – Appellant
Versus
KATHRYN MA WAI FONG & ANOR AND OTHER APPEALS – Respondent

Table of Content
1. overview of appeals related to judicial recusal. (Para 1 , 2 , 3)
2. arguments regarding the validity of the judge's self-recusal. (Para 9 , 10 , 44)
3. principles governing judicial impartiality and the doctrine of recusal. (Para 12 , 13 , 14 , 15)
4. court's reasoning for overturning the recusal order. (Para 43 , 45 , 46)
5. final decision allowing the appeals. (Para 47)

Vernon Ong Lam Kiat JCA:

Introduction

[1] The twenty appeals herein relate to a decision of the learned judge of the High Court in Sabah and Sarawak sitting at Sibu given on 18 January 2016 whereby the learned judge decided to recuse himself from hearing all cases and related cases involving the WTK Group of Companies, Kathryn Ma Wai Fong, Neil Wong Hou Lianq and Mimi Wong Hou Wai. All the appeals were heard together as they relate to the same recusal order.

Brief Account Of The Salient Facts

[2] For the purposes of these appeals, it is sufficient to allude to the salient facts. Of the twenty appeals herein, eleven appeals relate to applications filed by Kathryn, Neil and Mimi in respect of eleven Originating Summons ("OS") for inter alia, an order that all the OS be tried consecutively in a particular

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2017 MarsdenLR 2231

COURT OF APPEAL PUTRAJAYAWONG KIE CHIE – AppellantVersusKATHRYN MA WAI FONG & ANOR AND OTHER APPEALS – Respondent

COURT OF APPEAL PUTRAJAYA
WONG KIE CHIE – Appellant
Versus
KATHRYN MA WAI FONG & ANOR AND OTHER APPEALS – Respondent