JUDGMENT

(Notice Of Motion In Court Enclosure No. 7)

Wong Kian Kheong JCA (majority):

A. Introduction

[1] This judgment discusses the following questions:

(1) whether r 18(7) of the Rules of the Court of Appeal 1994 (RCA) has imposed a mandatory requirement for an appellant to file a Record of Appeal (RA) which contains a Memorandum of Appeal (MA) within 90 days from the date of the High Court's decision [90 Days Period (Filing of RA)] when the High Court's "Written Judgment or Grounds of Decision" (High Court's Written Judgment/Grounds of Decision) is not available before the lapse of the 90 Days Period (Filing of RA). This issue also concerns the following matters:

(a) an interpretation of rr 1A, 18(1) and (7A) RCA; and

(b) from the view point of the "stare decisis" doctrine, whether the "Broad Grounds" (Broad Grounds) of the Court of Appeal's decision in Aliff Syukri Kamarzaman v. Mohamad Syazwan Shuhaimi, [Civil Appeal No B-02(NCVC)-695-04-2022] (Aliff Syukri) binds the Court of Appeal with regard to the construction of r 18(7) and (7A) RCA; and