(Malaysia) The petitioner had an appeal as of right to the Judicial Committee from the Federal Court of Malaysia under section 74(1)(a)(ii). The Court refused leave to appeal holding that the appeal had no merits and was bound to fail and the petitioner appealed to the Judicial Committee for leave to appeal, or, alternatively, for special leave to appeal from the judgment of the Federal Court.
Held: The Federal Court had no discretion to refuse leave to appeal, but refused to grant special leave to appeal. The granting of special leave to appeal by the Judicial Committee is a matter of discretion and not a right. This case was not a fit one for appeal to the Judicial Committee and leave was not to be granted solely on account of the fact that the appeal was wrongly treated by the Federal Court as one in which that court had a discretion.
Judges:
Viscount Dilhorne
Citations:
[1968] AC 887
Statutes:
Courts of Judicature Act 1964 (Malaysia) 74(1)(a)(ii)
Citing:
Cited – Davis v Shaughnessy PC 1932
The grant by the committee of special leave to appeal is discretionary. . .
Cited by:
Cited – Donovan Crawford Regardless Limited Alma Crawford v Financial Institutions Services Limited PC 19-Jun-2003
PC (Jamaica) The petitioners sought leave to appeal to the Privy Council. They had an appeal as of right. They now sought special leave, complaining that the Court in Jamaca had granted leave subject to them . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Constitutional
Updated: 29 April 2022; Ref: scu.184492