Circular No: 164/2023
Date: 30 October 2023
Dear Members of the Kuala Lumpur Bar,
The Civil Practice and Court Liaison Committee (“CPCLC“) wishes to bring to your attention the recent decisions of the Court of Appeal in Aliff Syukri Bin Kamarzaman v Mohamad Syazwan Bin Shuhaimi (Civil Appeal No: B-02(IM)(NCVC)-695-04/2022), and Viacor Asia Sdn BHd v Arokiasamy A/L Thangaraju (Civil Appeal No.: B-02(IM)(NCC)-1690-09/2022) wherein the Court of Appeal had interpreted Rule 18 (7) and (7A) of the Rules of the Court of Appeal 1994.
Upon reviewing the said decisions of the Court of Appeal (based on the minutes provided by Registrar of the Court of Appeal), the CPCLC takes note that the Court of Appeal in both matters had decided as follows:-
(i) Order 18 Rule 7 of the Rules of the Court of Appeal (“RCA“) is a mandatory provision which requires strict compliance. For ease of reference Order 18 Rule 7 RCA provides, among others, that the Memorandum of Appeal (“MOA“) shall be filed within ninety days from the date of the decision being appealed against; and
(ii) Order 18 Rule 7A RCA is not an exception to the mandatory requirement under Order 18 Rule 7 RCA. The Court of Appeal has interpreted this provision to mean that if Grounds of Judgment are received subsequent to the filing of the MOA, they can be filed together with another MOA (the Minutes are silent as to whether this is to be an Amended MOA or a Supplemental MOA), but that the initial MOA must first be filed together with the Records of Appeal within ninety days from the date of decision.
We highlight these decision of the Court of Appeal to members to ensure that, subject to any direction from the Court of Appeal, members ensure that any Records of Appeal filed contain the Memorandum of Appeal even if the Grounds of Judgment, Notes of Proceedings and/or any other relevant document are not available yet. This is to avoid members being faced with any preliminary objection being taken at the hearing.
Alvin Oh Seong Yew
Kuala Lumpur Bar Committee
Civil Practice & Court Liaison Committee