[2023] 1 MLRH 508
High Court Malaya, Kuala Lumpur
Leong Wai Hong JC
[Civil Suit No: WA-11ANCVC-72-07-2022]
Leong Wai Hong JC


Leong Wai Hong JC:


[1] This appeal deals with a short legal point. But it is an important point.

[2] I have written this Judgment as I have taken judicial notice from a few appeals before me that some lawyers are not aware that "no appeal shall lie to the High Court from a decision of a subordinate court in any civil cause or matter where the amount in dispute or the value of the subject matter is ten thousand ringgit or less except on a question of law."

[3] This filter is set out in s 28(1) of the Courts of Judicature Act 1964 ["CJA"].

[4] The respondent/plaintiff had sued for RM3,000.00. After full trial he was awarded judgment for RM3,000.00 and costs of RM100.00 from the Magistrate. Dissatisfied, the appellant/defendant had filed an appeal to the High Court.

[5] However, as the amount in dispute or the value of the subject matter is ten thousand ringgit or less, the appeal must be on a question of law.

[6] I had dismissed the appeal on 10 November 2022 as the appellant/defendant had not raised any question of law in this appeal. These are my Grounds of Decision.

[7] Parties shall be referred to as they were cited at the Magistrate's court.

Background Facts

[8] The plaintiff was employed as a Senior Lecturer by the defendant at its Kolej Universiti Tunku Abdul Rahman Pahang branch.

[9] He had resigned from his post with the defendant on 15 December 2021 which the defendant had accepted on 17 January 2021. The plaintiff's last day of service with the defendant was agreed to be 14 February 2022. [See Record of Appeal encl 3 p 36]

[10] Subsequently, on 21 March 2022 the plaintiff had filed a suit at the Magistrate's Court against the defendant for non-payment of a 2021 bonus payment to him.

[11] He based his claim on a circular "To All Staff Members Re: Bonus for the Year 2021" dated 20 January 2022 issued by the defendant. [See Record of Appeal encl 3 p 22 ("Bonus Notice").

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