JUDGMENT
Introduction
[1] These are 2 appeals heard together before this Court, namely Civil Appeal No W-02(IM)-154-01/2023 ("Appeal 154") and Civil Appeal No W-02(IM)-155-01/2023 ("Appeal 155").
[2] Appeal 154 is related to an application to recuse the Learned High Court Judge (Learned HCJ) from hearing and disposing of the Application to Intervene and Expunge, and is referred to as the "Recusal Application."
[3] Appeal 155 is related to an application for leave to intervene ("Intervention Application") and thereafter, to expunge ("Expunction Application") parts of the Learned HCJ's Judgment (Doctored Video Clip) dated 18 February 2022 ("Impugned Judgment"). These applications are collectively referred to as the "Application to Intervene and Expunge."
[4] The two applications are collectively referred to as the "Applications (2 NAs)". The Applications (2 NAs) were heard and disposed of by the Learned HCJ on 30 December 2022, with the grounds of judgment delivered on 20 June 2023 ("the Applications (2 NAs) Judgment").
[5] It is pertinent to note that the Learned HCJ, despite dismissing the Intervention Application, decided to hear the merits of the Application to Intervene and Expunge, and also the Recusal, and dismissed the same. Both Applications were disposed of on their respective merits.
[6] In these Appeals, the Respondents made no submissions and informed this Court that they were not involved in the Impugned Judgment written by the Learned HCJ. Meanwhile, by application, the Malaysian Bar, through its representative, stands in as amicus curiae to this Court.
[7] The appeals before us centred on a unique fact arising from a judgment written by the Learned HCJ (referred to as the Impugned Judgment, which did not pertain to the main suits, i.e., Kuala Lumpur High Court Civil Suit No: D5-22-610-2006 ("Suit 610") and Kuala Lumpur High Court Civil Suit No: D1-22-1960-2008 ("Suit 1960"). The aggrieved party in this case is none other than a counsel (the Appellant) who had represented a case in both suits that had been disposed of much earlier. Before we elaborate further, it is beneficial to review the facts that led to the filing of the appeals before us.