2. Courts and Jurisdiction Flashcards
Jurisdiction of Magistrate
- 1st Class vs 2nd Class
- Small claims?
1st: Monetary Jurisdiction = has jurisdiction to try all actions where the amount in dispute or value of subject matter doesn’t exceed $100,000 [s90 SCA 1948]
2nd: Monetary Jurisdiction = amount in dispute or value of subject matter dissent exceed $10,000 [s92 SCA 1948]
* * ONLY can hear matters re: claim for debt/liquidated demand (can’t hear eg. damages for personal injury)
Small Claims = not more than $5000, no lawyers, only individual plaintiffs, O93
N/B: Subject to s93 SCA 1948 - Subject matter jurisdiction
Jurisdiction of Sessions Court
Monetary Jurisdiction = has jurisdiction to try all actions where the amount in dispute or value of subject matter doesn’t exceed $1,000,000 [s65(2) SCA 1948]
But unlimited monetary jurisdiction if matter relates to: [s65(1) SCA 1948]
- landlord and tenant disputes
- motor vehicle accidents
- distress
+ Contracts Amendment Act 1976 s7: scholarship agreements
Also s65(1): Jurisdiction to try all actions for specific performance or rescission of contracts, or cancellation or rectifications of any written instruments, within the jurisdiction of the Sessions Court
Jurisdiction Agreement
- Can the court award beyond the prescribed limit?
s93 / s65(3) & (4) SCA 1948
- where claim exceeds the prescribed limits, the parties may consent for the court to try the action
- agreement must be in writing and needs to be filed in the court
- an attempt must be made to obtain jurisdiction agreement before a party try to transfer the case to the High Court [Subramaniam v Malayan Finance]
Implied in this section is that the court will be able to award beyond the prescribed limits. If otherwise, the parties does not have any reason to enter into a jurisdiction agreement.
Defendant’s counterclaim exceed the court’s monetary jurisdiction
Counterclaim definition = O15 RoC
s66(1) SCA 1948
The court can still try the action but cannot make award beyond its monetary jurisdiction
So the D is effectively relinquishing part of his claim. (if can get jurisdiction agreement under s65(3) & (4) then can get full amount)
Alternatively, D can apply for the case to be transferred to the High Court (file in the SS court then make a transfer application). But note that before an application to transfer is made, D must have explored the avenue provided under s65(3) & (4) i.e. D must have attempted to obtain jurisdiction agreement. [Subramaniam v Malayan Finance]
Plaintiff’s claim exceed the court’s monetary jurisdiction
s67 SCA 1948
P can relinquish part of his claim to bring the matter within the SS court’s jurisdiction
s93 SCA 1948 - Magistrates Court
s68 SCA 1948
But P cannot split the claim - prevent multiplicity of proceedings
Loan - Interest exceeds jurisdiction
Interest is uncertain so cannot be included in the sum when determining the appropriate court. Only the principal sum is taken into account. [Foo Sey Koh]
- because in cases of discretionary interest, the amount would be IMPONDERABLE
- Interest must be included if the interest has been contractually agreed upon by the parties - suing for principal and interest accrued
Subject Matter Jurisdiction of the subordinate courts
s69 SCA 1948 / s93 SCA 1948
(a) Land
(b) -(d) Deleted
(e) Trusts
(f) Accounts
(g) Declarations - but s65(5) expressly empowers sessions court to make declarations
(h) Deceased estate - grant matters
(i) Legitimacy of persons
(j) Infants - guardianship and custody
(k) Marriage - validity & dissolution
** IMMOVABLE PROPERTY - subject to s70, 71
Transfer between Courts
- lateral transfer
- vertical transfer
Lateral transfer between sub courts - Para 3 of Third Schedule of SCA
Vertical Transfer & Lateral Transfer - Para 12 Schedule of the CJA: Jurisdiction vested with the High Court
Procedure to transfer - O57
Sessions Court jurisdiction re: immovable property
Magistrates?
general rule = no jurisdiction [s69 SCA 1948]
but s70(1) - SS court has jurisdiction if the action is for recovery of immovable property
- to which claims for rent/damages can be added (damages arising from the D’s holding over or resisting P’s right of possession)
- recovery given liberal interpretation in [Nazri v Mesah] - actual possession/declare ownership/specific performance transfer of title
but s70(4) - the court will have no jurisdiction if IN THE COURT’S OPINION there is a bona fide question of title
but s71 unless the parties consent for the court to have jurisdiction
- Magistrates - s93 read together with s69-70 (s71 not applicable)
Territorial jurisdiction of subordinate courts
The court has jurisdiction to hear any cases within the local limits of jurisdiction
s59 Sessions Court - s76 Magistrates Court
Third Schedule of the SCA:
Courts have power to stay proceedings unless they have been instituted in the District where
(a) cause of action arose
(b) D resides or has his place of business
(c) one of the D resides or has his place of business
(d) facts on which the proceedings are based exists or are alleged to have happened
+ other reasons desirable in the interests of justice
High Court Jurisdiction
Article 121(1) of the Constitution: there shall be 2 High Courts of co-ordinate jurisdiction and status
- 121(1A) no jurisdiction in relation to matters that fall within the jurisdiction of the Syariah Court
- Meaning of local jurisdiction - s3 CJA
s23 CJA 1964: jurisdiction to try all civil actions where… within the local jurisdiction of any other HC:
(a) cause of action arose [Distillers Biochemicals v Thompson] cause of action = act which gives rise to the complaint (in this case selling medicines without label)
(b) D or one of the Ds resides or has his place of business [Malayan Banking Berhad v ITC]: essentially confer extra-territorial jurisdiction on the courts over foreign D
(c) facts on which the proceedings are based exists or are alleged to have occurred
(d) any land the ownership of which is disputed is situated
- OR where the parties consent in writing
- except Art 128/130: validity of any written law/ disputes between the states or between federation and states/ interpretation of constitution referred by the Yang Dipertuan Agong
s24 Specific jurisdiction re matters such as matrimonial cases, admiralty, guardian, probate/LA, bankruptcy/companies
s25 Equitable jurisdiction
s27 Appellate jurisdiction (hear all appeals from the subordinate courts)
Branches of High Court - How to choose?
Art 121(1) - there shall be 2 High Courts of co-ordinate jurisdiction - So the various HCs are branches of the HC and each branch has concurrent jurisdiction
Forum of convenience
- D must not be put on inconvenience [Sova v Kasih Sayang]
- First determine that HC has jurisdiction: s23/24/25 + Art 121
- Then Q of fact determined based on various factors which are similar to those in Third Schedule of the SCA (re: stay of proceedings) and s23 CJA – add P’s location, witnesses, evidence
Contract cases
- choice of law
- choice of jurisdiction provisions
[Elf Petroleum v Wineelf Petroleum] Choice of law provisions does not oust the court’s jurisdictions
* if want to apply foreign law, need to get experts at the parties’ costs
[ISC Technology v Premium Technology] Court’s jurisdiction cannot be ousted merely by the existence of a choice of jurisdiction clause - have to look at the whole contract to determine whether the dispute is covered by the choice of jurisdiction clause
Court of Appeal’s Jurisdiction
Art 121(1B) Federal Constitution/ s67 CJA 1964 - determine appeals from the HC in any matter regardless of whether the HC was exercising its original/appellate jurisdiction (*not appeals from sub courts since they can't bypass the HC)
- proceedings must be disposed by 3 judges or greater in uneven number
Federal Court’s Jurisdiction
Art 121(2) Fed Constitution (s96 CJA)
- determine appeals from the HC or CoA
- exclusive original jurisdiction in relation to matters under Art 128/130 of the Fed Constitution (i.e.. validity of written law, disputes between States and Federation, interpretation of constitution as referred by the Yang Dipertuan Agong
- proceedings must be disposed by 3 judges or greater in uneven number
