Penal Notice on Court of Appeal Order

If pending your appeal at the Court of Appeal, you apply for an interim Order under section 44 of the Court of Judicature Act 1964, it is advisable to include a prayer along the lines of:

 “that the penal notice under Form 87(c) of the Rules of the High Court 1980 be endorsed unto this order”

The Rules of the Court of Appeal does not have a provision for the penal notice, so you will not be able to automatically include the penal endorsement. The prayer for the penal notice was granted by the Court of Appeal in the Metramac case for instance (see the Federal Court decision in Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v Fawziah Holdings Sdn Bhd [2006] 4 MLJ 113).


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