Section 96 of the Courts of Judicature Act 1964 [Act 91] provides that an appeal against the decision of the Court of Appeal
may be made to the Federal Court with the leave of the Federal Court.
An application for leave to appeal must be made to the Federal Court within one (1) month from the date on which the decision appealed against was given.
Leave will only be granted if:
- the decision of the Court of Appeal is in respect of any civil cause or matter decided by the High Court in exercise of its original jurisdiction where it involves a question of general principle decided for the first time or an important question of law upon which further argument and a decision of the Federal Court would be to public advantage; or
- the decision of the Court of Appeal is as to the effect of any provision of the Federal Constitution including the validity of any written law relating to any such provision.
The costs incurred in the prosecution of any appeal or application for leave to appeal will be paid by such party as the Federal Court may direct by order and the amount of such costs will be taxed by the Chief Registrar of the Federal Court in accordance with the rules of court.
The Federal Court has the power to order a new trial of any cause or matter tried by the High Court. However, a new trial will not be granted:
- on the ground that evidence was improperly rejected or admitted unless in the opinion of the Federal Court some substantial failure of justice has occured; and
- if it appears to the Federal Court that the failure affects part only of the matters in controversy, or some or one only of the parties, the Federal Court may
- give final judgment as to part thereof, or as to some or one only of the parties, and
- direct a new trial as to the other part only, or as to the other party or parties.
A new trial may be ordered on any question without interfering with the finding or decision of the court below upon any other question.
The Federal Court shall not reversed or substantially varied a judgment or order of a High Court or of any judge on
- appeal or
- a new trial ordered by Federal Court
on account of any error or irregularity not affecting the merits or the jurisdiction of the court.
An appeal does not operate as a stay of execution or of proceedings under the decision appealed from unless the court below or the Federal Court so orders and no intermediate act or proceeding shall be invalidated except so far as the Federal Court may direct.
- Courts of Judicature Act 1964 [Act 91]
- Federal Constitution of Malaysia
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