Six Points on Leave to Appeal to the Federal Court

At the recent Civil Law Conference on 14 February 2020, there was a list of good pointers, statistics and tips set out in the session on leave to appeal to the Federal Court. This post sets out the chances of success and examples of questions where leave was allowed.

As a brief background, in Malaysia, the apex court is the Federal Court. For matters that originated at the High Court, the final level of appeal is before the Federal Court. But an appeal to the Federal Court is not as of right. There must first be an application for leave, or permission, to appeal to the Federal Court. The test for leave is that there must be a question to be decided for the first time or a question of importance where a Federal Court decision would be to public advantage. Where leave is allowed, the Federal Court would then allow the appeal proper to be heard.

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