Business Law - Topic 2: The Judicial System in Malaysia
Learning Outcomes
Understand the jurisdictions of each court in Malaysia.
Malaysian Judicial Structure
Federal Court
Court of Appeal
High Court in Malaya
High Court in Sabah & Sarawak
Magistrates Court
Court for Children/Juvenile
Sessions Court
Classification: Superior Courts and Subordinate Courts
Jurisdiction
Defined as the right, power, or authority to administer justice by hearing and determining controversies.
Territory over which authority is exercised.
The Federal Court
Highest judicial authority in Malaysia.
Established under Article 121(2) of the Federal Constitution.
Composed of the Chief Justice, President of the Court of Appeal, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak, and six Federal Court judges.
Section 38(1), Court of Judicature Act 1964: Proceedings to be heard by three or more judges.
Decisions bind lower courts.
Jurisdiction of Federal Court
Exclusive Jurisdiction: Appeals from Court of Appeal, High Court decisions.
Original or Consultative Jurisdiction: Articles 128 and 130.
Other Jurisdictions: As conferred by federal law.
Article 128(1)
Questions on law validity made by Parliament or State Legislature.
Disputes between states or Federation and any State.
Appeals and Referrals
Appeals from High Court under Article 128(3).
Criminal and Civil Appeals under Section 87(1), 96(a) and (b) of Court of Judicature Act 1964.
Referral: Questions on constitutional provisions under Article 130.
Advisory role in constitutional matters.
Court of Appeal
Established in 1994, Article 121(1B).
Composed of President and ten other judges.
Proceedings heard by three judges.
Jurisdiction over appeals from High Court decisions.
Jurisdiction
Criminal: Appeals against High Court, limited to questions of law from Magistrates Court.
Civil: Appeals from High Court judgments, Section 67 and 68 of CJA 1964.
Non-appealable matters: Claims under RM 250,000, consent judgments, cost orders.
High Court
Civil Jurisdiction: Divorce, guardians, probate, bankruptcy, claims over RM 1,000,000.
Criminal Jurisdiction: Offences not under Magistrates and Sessions Courts, death penalty cases.
Appellate Jurisdiction: Appeals from Magistrates and Sessions Courts, disputes over RM 10,000.
Sessions Court
Civil Jurisdiction: Unlimited in motor accidents, landlord-tenant, disputes under RM 1,000,000.
Criminal Jurisdiction: All except death penalty cases.
Magistrates Court
Civil Jurisdiction:
1st Class Magistrate: Cases under RM 100,000.
2nd Class Magistrate: Cases under RM 10,000.
Criminal Jurisdiction:
1st Class: Sentences up to five years, fines, whipping.
2nd Class: Fines only or imprisonment up to 12 months.
Tutorial 2
Differences in jurisdiction between First Class Magistrate and Second Class Magistrate.
References
Lee Mei Pheng, Ivan Jeron Detta (2022), Business Law, 3rd Edition, Oxford University Press.
Dr Loganathan Krishnan, Parimaladevi Rajoo, Anne Chrishanthani Vergis (2022), Principles of Business and Corporate Law, Malaysia, 4th Edition, CCH Malaysia.