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HIGH COURT MALAYA PULAU PINANG
CHANDRASEGARAN VEERYAH – Appellant
Versus
THURGAS INDUSTRIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. applicability of section 68 prohibiting appeals on specific grounds. (Para 1 , 2 , 6 , 9 , 10) |
| 2. clarification of the process for appeals and rights therein. (Para 3 , 22 , 30) |
| 3. final determination and outcome of the appeal. (Para 18 , 20 , 49) |
( Section 68 Prohibits This Appeal And Grounds To Allow Setting Aside Of Judgment In Default)
Prelusion
[1] This Judgment deals with the applicability of the recent October 2022 amendments to s 68 of the Courts Of Judicature Act 1964 (CJA).
[2] Section 68 provides that no Appeal can be brought to the Court of Appeal when the High Court allows an Application to set aside a judgment in default.
[3] The Sessions Court entered a judgment in default of appearance (JID) against the Defendant. The Defendant applied to set it aside. The Sessions Court dismissed the Defendant's Application ie the Sessions Court refused to set aside the JID. The Defendant appealed to the High Court. I allowed the Appeal, that is, I reversed the decision of the Sessions Court. Effectively, I allowed the Defendant's Application to set aside the JID.
[4] The issue is - does the Plaintiff have the right to appeal to the Court
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