MT VENTURES SDN BHD & ANOR v. QM PRINT SDN BHD AND ANOTHER APPEAL

[2025] 6 MLRA 595
Federal Court, Putrajaya
Nallini Pathmanathan, Rhodzariah Bujang, Hanipah Farikullah FCJJ
[Civil Appeal Nos: 02(i)-6-03-2024(W) & 02(i)-17-06-2024(W)]
Nallini Pathmanathan, Rhodzariah Bujang, Hanipah Farikullah FCJJ

JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] The primary issue in these appeals is whether the Appellants have a right to appeal the dismissals of their respective interlocutory applications to strike out pleadings in view of the recent amendments to s 68 of the Courts of Judicature Act 1964, more particularly s 68(1)(f) CJA. Section 68(1)(f) CJA, as amended by s 8 of the Courts of Judicature (Amendment) Act 2022, which states as follows:

"Section 68 CJA Non-appealable matters

(1) No appeal shall be brought to the Court of Appeal in any of the following cases:

(e) where a High Court dismissed any application for a summary judgment;

(f) where a High Court dismissed any application to strike out any writ or pleading and

(g) where a High Court allowed any application to set aside a judgment in default."

[2] The question that arises for consideration for this court is the effect of s 68(1)(f) CJA: is the section to be read literally and in a grammarian fashion, or is it to be construed holistically and purposively in line with the object and purpose of the entirety of the CJA in relation to civil appeals?

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