In this article we seek to examine the application of Section 43 and Section 44 of the Courts of Judicature Act 1964 (“CJA 1964”) pertaining to the grant of interim orders by reference to the decision of the Court of Appeal of Malaysia (“Court of Appeal”) in Silver Concept Sdn Bhd v Brisdale Rasa Development Sdn Bhd (“Silver Concept”) in seeking to ascertain if the Court of Appeal has original jurisdiction to determine such applications.
The application of Section 43 and Section 44 of the CJA 1964 is of particular importance given that the very often interim relief to prevent prejudice to a claim of parties pending an appeal is sought. There is therefore a need for consistency in the approach of the appellate courts in invoking its jurisdiction by reference to the construction and application of Section 43 and Section 44 of the CJA 1964.
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