MFR COMTECH RESOURCES SDN. BHD v Pendakwa Raya

m-07-53-06-2024 Court of Appeal (Mahkamah Rayuan) 9 February 2025 • M-07-53-06/2024 • 10 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Application to amend and to invalidate the consent orders entered by parties – on the amount refunded to the appellant does not correspond with the claims and consent orders – Court to determine the validity of the calculation of repayment and to assess the amount of repayment – Court to scrutinize the methodology of calculation adopted by Bank Negara Malaysia to compute the repayment amounts or alternatively to alter the terms of consent order.

Practice Areas

Application to amend and to invalidate the consent orders entered by parties

Judges (3)

Che Mohd Ruzima bin Ghazali Coram Choo Kah Sing Delivered Noorin binti Badaruddin Coram

Counsel (5)

Alda Shukri Khairi & Associates Firm Che Abdul Haris B Abdul Malik Counsel Appellant Nik Mohd Radhia B. Nik Abd Ghani Counsel Appellant Norzilati Izhani Zainal @ Zainol Counsel Respondent Steve Chin Yun Cheong Counsel Respondent

Parties (2)

MFR COMTECH RESOURCES Sdn Bhd Applicant Pendakwa Raya Respondent

Case Significance

MFR COMTECH RESOURCES SDN. BHD v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated February 9, 2025 (citation: m-07-53-06-2024). <p>MFR Comtech Resources filed a motion seeking to amend or invalidate consent orders regarding BNM repayment calculations in a criminal appeal. The key issue was whether a party could unilaterally alter terms of a consent order via a motion rather than seeking to set aside the order. The Court of Appeal unanimously dismissed the motion, holding it was an impermissible backdoor attempt to alter a consent order.</p> The panel comprised Che Mohd Ruzima bin Ghazali, Choo Kah Sing and Noorin binti Badaruddin, with Choo Kah Sing delivering the judgment. Counsel appearing: Che Abdul Haris B Abdul Malik (counsel for appellant), Nik Mohd Radhia B. Nik Abd Ghani (counsel for appellant), Norzilati Izhani Zainal @ Zainol (counsel for respondent), Steve Chin Yun Cheong (counsel for respondent).

Summary

MFR Comtech Resources filed a motion seeking to amend or invalidate consent orders regarding BNM repayment calculations in a criminal appeal. The key issue was whether a party could unilaterally alter terms of a consent order via a motion rather than seeking to set aside the order. The Court of Appeal unanimously dismissed the motion, holding it was an impermissible backdoor attempt to alter a consent order.

What was the outcome of MFR COMTECH RESOURCES SDN. BHD v Pendakwa Raya?

<p>MFR Comtech Resources filed a motion seeking to amend or invalidate consent orders regarding BNM repayment calculations in a criminal appeal. The k...

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Cases Cited (2)

MY (2)
[2011] 6 MLJ 145 [2018] 5 CLJ 125