ANG KA LEONG v. YONG SIEW CHEN & ANOR [2023] 9 CLJ 756
COURT OF APPEAL, KUCHING
SUPANG LIAN JCA; MOHD NAZLAN GHAZALI JCA; AZIZUL AZMI ADNAN JCA
[CRIMINAL APPEAL NO: Q-07-71-06-2023]
29 AUGUST 2023
By the terms of s. 50 of the Courts of Judicature Act 1964, there are two instances when a High Court's decision is not appealable to the Court of Appeal. Firstly, when the decision is made in the course of a trial. Secondly, when the decision does not dispose of the rights of parties with finality ('second category'). The application for leave to appeal against a decision of the High Court ordering a case to be remitted to the Magistrates' Court for a retrial, which has the capability of reviving the likelihood of attaching a liability upon the applicant, falls under the second category, making the application for leave to appeal liable to be dismissed.
CIVIL PROCEDURE: Appeal - Leave to appeal - Application for leave to appeal against decision of High Court ordering case to be remitted to Magistrates' Court for retrial - Whether decision appealable - Whether decision disposed of rights of parties with finality - Whether decision usurped prosecutorial discretion of Public Prosecutor - Whether High Court's powers of revision conferred by statutes - Courts of Judicature Act 1964, ss. 35 & 50
CLJ Bulletin #44/2023
