TANG BOON KOK v 1. ) H'ng Bok Chuan 2. ) H'ng Hup Choong

pa-12ancvc-39-11-2024 High Court (Mahkamah Tinggi) 19 February 2025 • PA-12ANCvC-39-11/2024 • 23 min read
16 cases cited (0 SG, 16 foreign)

Catchwords

Preliminary observation of the right to appeal This is an application for leave to appeal against the decision of the High Court. Before this Court proceeds with the full reasons for the decision of the appeal which has been ordered, this Court wishes to refer to the preliminary legal question for the Court of Appeal to be decided, namely whether the decision of the High Court is subject to Sections 3 and 67 of the Courts of Judicature Act 1964 (‘the CJA’), and can be appealed at this stage. In clarifying this issue, this Court relies on the decision of the Federal Court, namely in Asia Pacific Higher Learning Sdn Bhd (registered owner and licensee of the higher learning institution Lincoln University College) v Majlis Perubatan Malaysia & Anor [2020] 2 MLJ 1.

Judges (1)

Azizan bin Md. Arshad Delivered

Counsel (4)

Lim, Lim & Associates Firm Tai Hwa & Co Firm Lim Ee Theng Counsel Appellant Lim Yeong Shin Counsel Respondent

Parties (3)

H'ng Bok Chuan Respondent H'ng Hup Choong Respondent Tang Boon Kok Appellant

Case Significance

TANG BOON KOK v 1. ) H'ng Bok Chuan 2. ) H'ng Hup Choong is a High Court (Mahkamah Tinggi) decision dated February 19, 2025 (citation: pa-12ancvc-39-11-2024). The case was decided by Azizan bin Md. Arshad.

Key issues: Preliminary observation of the right to appeal.

What was the outcome of TANG BOON KOK v 1. ) H'ng Bok Chuan 2. ) H'ng Hup Choong?

TANG BOON KOK v 1. ) H'ng Bok Chuan 2. ) H'ng Hup Choong is a High Court decision dated February 19, 2025. The case was heard by Azizan bin Md. Arshad. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
s 67
Rules of Court 2012

Cases Cited (16)

MY (16)
[1976] 1 MLJ 131 [1998] 1 MLJ 393 [2000] 6 MLJ 739 [2003] 2 MLJ 495 [2004] 1 MLJ 257 [2005] MLJU 673 [2012] 5 MLJ 293 [2013] 3 CLJ 47 [2015] 1 MLJ 847 [2016] 4 MLJ 100 [2017] 3 MLJ 350 [2017] 5 CLJ 707 [2018] MLJU 1382 [2019] 4 MLJ 614 [2020] 2 MLJ 1 [2022] MLJU 2434

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-12ancvc-39-11-2024)