1. ) Ketua Pengarah Jabatan Penyiaran Malaysia 2. ) Kerajaan Malaysia v Vertex Blue Consulting Sdn Bhd

01f-4-02-2025w Federal Court (Mahkamah Persekutuan) 11 November 2025 • 01(f)-4-02/2025(W) • 26 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Majority Whether the trial judge was bound by the unless order pronounced by the Interlocutory Proceeding Judge when the unless order has the similar effect as though a Summary Judgment or Judgment in Default was entered against the Appellants wherein it fails to comply with the provision of Order 73 of the Rules of Courts 2012 and Section 42 of the Government Proceedings Act 1956 Dissenting Effect of not complying with a court order. The need to comply with court directions. Judgment should be entered in the event there is such non-compliance.

Practice Areas

Judges (3)

Abu Bakar bin Jais Delivered Hasnah binti Dato' Mohammed Hashim Coram Seri Vazeer Alam bin Mydin Meera Delivered

Counsel (8)

Ariff Rozhan & Co. Firm Attorney General's Chambers Firm Ariff bin Rozhan Counsel Respondent Christopher Arun a/l Francis Counsel Respondent Nur Irmawatie Daud Counsel Appellant Nurul Farhani binti Kamarudin Counsel Respondent Saravanan Kuppusamy Counsel Appellant Sylvie Tan Counsel Respondent

Parties (3)

Kerajaan Malaysia Appellant Ketua Pengarah Jabatan Penyiaran Malaysia Appellant Vertex Blue Consulting Sdn Bhd Respondent

Case Significance

1. ) Ketua Pengarah Jabatan Penyiaran Malaysia 2. ) Kerajaan Malaysia v Verte... is a Federal Court (Mahkamah Persekutuan) decision dated November 11, 2025 (citation: 01f-4-02-2025w). <p>The Government appealed against the enforcement of an unless order requiring discovery of documents in a breach of contract dispute over a concession agreement for RTM advertising. The majority of the Federal Court held that the trial judge was bound by the unless order and that Order 73 and Section 42 of the Government Proceedings Act 1956 did not shield the Government from compliance with specific discovery orders. The appeal was dismissed.</p> The panel comprised Abu Bakar bin Jais, Hasnah binti Dato' Mohammed Hashim and Seri Vazeer Alam bin Mydin Meera, with Abu Bakar bin Jais delivering the judgment. Counsel appearing: Ariff bin Rozhan (counsel for respondent), Christopher Arun a/l Francis (counsel for respondent), Nur Irmawatie Daud (counsel for appellant), Nurul Farhani binti Kamarudin (counsel for respondent), Saravanan Kuppusamy (counsel for appellant), Sylvie Tan (counsel for respondent).

Key issues: Dissenting Effect of not complying with a court order. The need to comply with court directions. Judgment should be entered in the event there is such non-compliance..

Summary

The Government appealed against the enforcement of an unless order requiring discovery of documents in a breach of contract dispute over a concession agreement for RTM advertising. The majority of the Federal Court held that the trial judge was bound by the unless order and that Order 73 and Section 42 of the Government Proceedings Act 1956 did not shield the Government from compliance with specific discovery orders. The appeal was dismissed.

What was the outcome of 1. ) Ketua Pengarah Jabatan Penyiaran Malaysia 2. ) Kerajaan Malaysia v Verte...?

<p>The Government appealed against the enforcement of an unless order requiring discovery of documents in a breach of contract dispute over a concessi...

Statutes Cited

Rules of Court 2012

Cases Cited (6)

UK (3)

[1974] 1 WLR 991 [1974] 3 All ER 217 [1991] 2 All ER 821

MY (3)

[2011] MLJU 507 [2012] 9 CLJ 557 [2018] 1 CLJ 641