Malaysia: Principles and Procedural Obstacles

• Date: 01 March 2009
• Author: Yeow Choy Choong,Sujata Balan
• Published date: 01 March 2009
• DOI: 10.1177/0002716208328351
• Subject Matter: Articles

286 ANNALS, AAPSS, 622, March 2009

The Malaysian procedural system is based on the

English rules that applied prior to the 1999 reforms and

the introduction of the Group Litigation Order in the

latter. The representative procedure that applies is

similarly restrictive and limited as it then was in England

and Wales.

Keywords: civil procedure; representative actions;

judicial review

1. Malaysia’s Civil Litigation

System

Malaysia’s legal system is based on the com-

mon law. A parallel Shari’ah Law system exists

alongside the civil justice system. However,

Islamic Law, as applied and enforced in the

Shari’ah Courts, only applies to those matters

involving family law and inheritance.1

Civil proceedings in Malaysia are governed by

the Subordinate Courts Rules 1980 (SCR) and

the Rules of the High Court 1980 (RHC). The

former applies to civil proceedings both in the

Magistrates and Sessions Courts while the latter

applies to civil proceedings in the High Court.

A civil action may be initiated in the Magistrates’

Court, the Sessions Court, or the High Court. The

monetary jurisdiction of the Magistrates’ and

Sessions Courts are limited to RM25,000 and

RM250,000, respectively.2 There are two High

Courts in Malaysia, namely, the High Court of

Malaya and the High Court of Sabah and Sarawak.

Both High Courts are of coordinate jurisdiction.

There is no limit on their jurisdiction concerning

the monetary amount and subject matter. The

jurisdiction of both these High Courts is territorial

in nature.

Malaysia:

Principles and

Procedural

Obstacles

By

YEOW CHOY CHOONG

and

SUJATA BALAN

Yeow Choy Choong is a professor at the Faculty of Law,

University of Malaya in Malaysia.

Sujata Balan is a lecturer at the Faculty of Law,

University of Malaya in Malaysia.

DOI: 10.1177/0002716208328351