No More Appeals in Certain Interlocutory Proceedings: Latest Amendments to the Courts of Judicature Act 1964

On 25th July 2022, the Dewan Rakyat passed the Courts of Judicature (Amendment) Bill 2022. These critical amendments aim to limit the number of appeals filed in the civil courts, as litigants would be barred from filing appeals in certain types of proceedings. These amendments recently came into force on 1st October 2022.
 
The amendments to Sections 28 and 68 of the Courts of Judicature Act 1964 would prevent parties from filing appeals from the subordinate courts to the High Court and from the High Court to the Court of Appeal respectively in cases where:

1. an application for summary judgment is dismissed;
2. an application to strike out a writ or any pleading is dismissed; and
3. an application to set aside a default judgement allowed.

This is a welcome move as it would speed up proceedings at all levels as parties would not be able to hold up proceedings while awaiting the hearing of such appeals. Parties who have had their summary judgment, striking out or setting aside applications dismissed would not be significantly affected as they would still be able to have their claims dealt with at trial.
 
Other amendments passed reflect the increasing use of technology and internet communication in modern day court proceedings in Malaysia as they include:

1. The reduction of the number of copies of records of appeal filed at the Court of Appeal; and
2. The recognition of electronic or email addresses as a valid form of service between solicitors in appellate matters.