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Messrs Tai Choi Yu & Co Advocates (suing as a firm and Tai Choi Yu as sole-proprietor) – Appellant
Versus
The Court of Appeal of Malaysia & Ors – Respondent
| Table of Content |
|---|
| 1. background of the appeal and application against dismissal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. grounds of appeal focusing on representation and jurisdiction. (Para 11 , 12) |
| 3. court's response to jurisdictional issues. (Para 13 , 14) |
| 4. examination of the nature of the appellant's civil action. (Para 15 , 16 , 17) |
| 5. attorney general's capacity to represent judges in legal actions. (Para 18 , 19 , 20 , 21) |
| 6. discussion on defendants' status as public officers. (Para 22 , 23 , 24 , 25 , 26) |
| 7. dismissing the appeal and affirming attorney general's representation. (Para 27) |
| 8. final judgment and costs order. (Para 28) |
[1]This is an appeal by the appellant against the decision of the High Court of Sabah and Sarawak at Miri made on 24 February 2016. The learned High Court judge had dismissed the appellant’s application to strike out the memorandum of appearance filed by the senior federal counsel (‘SFC’) of the Federal Attorney General’s Chambers on behalf of all the respondents.
[2]The striking out application was made under O 18 r 19 of the Rules of Court 2012 and its inherent jurisdiction. The memorandum of
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