Hassan bin Abdul Ghani

On the judicial record

A window on how a High Court manages interlocutory applications — striking out and interim injunctions under the Rules of Court 2012 — and the concurrent-or-consecutive sentencing question in multiple-charge criminal matters.

Hassan bin Abdul Ghani sits in the High Court, and this collection combines civil procedure with a criminal component, authored in a mix of English and Bahasa Malaysia. Civil procedure is prominent: an application to strike out an action under Order 18 rule 19(1)(b) and (d) of the Rules of Court 2012 and whether the action filed by the plaintiff was embarrassing or an abuse of the court's process, in a matter involving a major construction company engaged on a national rail project, and an application for an interim injunction under Order 29 rule 1 and whether the plaintiff satisfied the three established requirements for interlocutory relief. On the criminal side, the docket addresses the sentencing of an accused facing more than one charge in a sexual-offence matter and the court's usual practice in deciding whether terms of imprisonment should run concurrently or consecutively. The judgments identify the governing rule or sentencing principle and apply it to the facts, glossing the Malay where it appears. Private individuals and accused persons are referred to by role; corporate and institutional parties are named. A recurring theme is the court's attention to the threshold that each application must cross — the strike-out standard, the three requirements for an interim injunction, the principles governing consecutive and concurrent sentences — before relief follows. In each the court asks whether the party seeking the order has satisfied the established test rather than resolving the matter on broad impression, and it is alert to the risk that a strike-out or an injunction can dispose of substantial rights at an early stage. The collection is a useful window on how a High Court manages the interlocutory and procedural applications that shape the course of commercial litigation, together with the sentencing questions that arise when an accused faces multiple charges, and on the disciplined application of a settled test to each kind of application before relief is granted or refused.