Beruflich Dokumente
Kultur Dokumente
MEANING
Judgement v Order
Judgement is a decision that brings an end to an action such as default
judgement and summary judgement.
Order in the other hand is where the decision of the court is only interlocutory
in nature such as order to the extent of the validity of writ, for discovery, or
amend pleadings.
In Bozson v Altrinchman Urban District Council, the test to determine the
nature of the judgement or order is if the judgement or order made finally
disposes of the rights of the parties, then it is final order, otherwise it is an
interlocutory order.
This test was referred by Federal Court in Haron bin Mohd Zaid v Central
Securities (Holdings) Sdn Bhd.
PRONOUNCE OF JUDGEMENT
Order 42 Rule 1 (1) states that every judgement, after the hearing of a cause
or matter in open court, shall, subject to paragraphs (3) and (4), be pronounced
in open court either on the conclusion of the hearing or on a subsequent day of
which notice shall be given to the parties
Order 42 Rule 1(2) states that where a cause or matter is heard in Chamber,
the judge hearing it may, subject to paragraphs (3) and (4), pronounce the
judgement in Chambers, or if he thinks fit, in open Court.
PREPARATION OF JUDGEMENT
Order 42 Rule 8 states that successful party drafts judgment and send to the
other party for approval. The other party must return the draft within 2 days by
filing the approved draft for court’s approval. Once the court approved, file fair
copy in court.
In Hasil Bumi Perumahan Sdn Bhd v United Malayan Banking Corporation
Bhd (1994) a draft judgement is not a judgement because the draft needs
perfection and approval.
In Order 42 rule 8(4), where the both parties disagree to the wording of the
order, they can fix appointment before the registrar to settle the terms of
judgement or order or any party may request the matter to be referred to the
judge for his determination.
LIMITATION PERIOD
Section 6(3) of Limitation Act 1953, 12 years from the date the judgment
becomes enforceable (not from the date of the judgment). However, no
judgement interest can be recovered after the expiration of 6 years from the
date on which the interest became due.
In Captain Ho Fooi v Std Chartered Bank (2009), the purpose of computing
6 years limitation period for the recovery of interest in judgement debt, time
begins to run from the date of judgement. Such limitation only applies to post
judgement interest and not pre-judgement interest.