Appeal Lawyers in Malaysia
Our appeal lawyers act in civil appeals to the High Court, Court of Appeal and Federal Court, in stay of execution applications and in appeals against Industrial Court awards. Deadlines are short, and we advise on merit after reviewing the judgment and record.
- Civil and industrial appeals
- Stay of execution applications
- Briefs from other firms
- Online consultations
How We Can Help
- High Court appeals from Magistrates' and Sessions Courts
- Civil and commercial appeals to the Court of Appeal
- Leave applications and appeals in the Federal Court
- Stays of execution pending appeal
- Appeals against Industrial Court awards under section 33C
- Records of appeal, written submissions and oral argument
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Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
14 Days
To appeal a Sessions or Magistrates' Court decision
30 Days
To lodge an appeal to the Court of Appeal
One Month
To apply for Federal Court leave, s 97 CJA
How does the appeal process work in Malaysia?
In Malaysia, a party who loses a civil case, such as a contract or shareholder dispute, can usually appeal to a higher court. The route, the deadline and whether leave (permission) is needed depend on which court made the decision.
- Decisions of the Magistrates’ Court and Sessions Court are appealed to the High Court.
- Decisions of the High Court, made at first instance or on appeal, are appealed to the Court of Appeal.
- The Federal Court hears civil appeals from the Court of Appeal only with its leave.
The main rules are in the Courts of Judicature Act 1964 (Act 91), the Rules of Court 2012, the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995.
An appeal is not a new trial. The Court of Appeal rehears the case on the record, and after a full trial it admits further evidence only on special grounds and with its leave (s 69 CJA). It can draw inferences of fact, give any judgment the lower court should have given, deal with the costs of the appeal and, in some cases, order a new trial (ss 69 to 71 CJA).
Which decisions can be appealed, and when is leave needed?
Most final decisions are appealable as of right, subject to limits in the Courts of Judicature Act 1964.
- If a subordinate court claim is worth RM10,000 or less, an appeal to the High Court lies only on a question of law (s 28).
- Leave of the Court of Appeal is needed for claims below RM250,000, excluding interest, or appeals on costs only, and consent judgments cannot be appealed (s 68).
- Rulings during a trial that do not finally dispose of the parties’ rights are not appealable (s 3).
- Since 1 October 2022, no appeal lies where the court dismissed a summary judgment or striking-out application, or allowed a default judgment to be set aside (ss 28 and 68). In September 2025, the Federal Court held in MT Ventures Sdn Bhd v QM Print Sdn Bhd that the striking-out bar does not apply to a point of law that could finally decide the case without oral evidence.
Federal Court leave under s 96 needs a question of general principle decided for the first time, a question of importance whose decision would be to the public advantage, or a constitutional question. The first two grounds cover only cases decided by the High Court in its original jurisdiction, so cases begun in a subordinate court usually end in the Court of Appeal.
What are the steps and deadlines in a civil appeal?
For court decisions, appeal deadlines run from the date the decision is pronounced, not from when written grounds are released.
- File the notice of appeal within 14 days for an appeal from a subordinate court to the High Court (Order 55 rule 2, Rules of Court 2012), or within 30 days for an appeal to the Court of Appeal (rule 12, Rules of the Court of Appeal 1994). If leave is needed, apply by motion within the same period (rules 16 and 28A).
- File the record of appeal, including the memorandum of appeal, within 90 days of the decision, even if the grounds of judgment are not yet available (rule 18(7)). Later documents go into a supplementary record within three weeks of notice that they are ready (rule 18(7A)).
- Attend case management, where the court sets dates for written submissions and the hearing.
- Argue the appeal at the hearing, where the judges test the written submissions with questions.
For the Federal Court, the leave application must be filed within one month of the Court of Appeal’s decision (s 97(1) CJA), by motion supported by affidavit (rule 107, Rules of the Federal Court 1995). If leave is granted, the notice of appeal must be filed within 14 days and the record of appeal within 90 days (rules 47 and 57).
Does an appeal stop the judgment from being enforced?
No. An appeal does not operate as a stay of execution unless the court below or the appellate court orders one (s 73 CJA; rule 13, Rules of the Court of Appeal 1994; rule 52, Rules of the Federal Court 1995). Until then, the winning party can enforce the judgment.
The appellant must apply for a stay and show special circumstances on affidavit evidence, the test set by the Federal Court in Kosma Palm Oil Mill Sdn Bhd v Koperasi Serbausaha Makmur Bhd. A central question is whether, without a stay, the appeal would be rendered nugatory because the appellant could not be restored to its position if it won.
- For money judgments, the court usually expects the sum to be paid, sometimes into a stakeholder account held by both sides’ solicitors.
- The fact that the winning party is based overseas is not, on its own, a special circumstance (Court of Appeal, April 2025).
- A stay is more likely where land or another unique asset could be sold or transferred before the appeal is heard.
A stay application adds time and cost, so we advise early on whether one is realistic and what conditions the court may impose.
How do I challenge an Industrial Court award?
Since 1 January 2021, a party dissatisfied with an Industrial Court award can appeal to the High Court within 14 days from the date of receipt of the award, under s 33C of the Industrial Relations Act 1967. The appeal follows the Rules of Court 2012 procedure for appeals from a Sessions Court.
- The appeal is a rehearing, so the High Court can reassess the evidence and set aside an award that is plainly wrong for want of proper appreciation of the evidence. Judicial review, by contrast, is limited to illegality, irrationality, procedural impropriety and proportionality.
- Judicial review remains the correct route where the representation was filed before 1 January 2021. In Rosli bin Saad v S.G. Concrete Products (M) Sdn Bhd, the Court of Appeal reinstated an award because the wrong route had been used.
- The 14-day limit is enforced. In a 2025 Kuala Lumpur High Court case, an employee who applied almost a year late was refused an extension because the delay was not properly explained.
Employers and employees should therefore decide quickly once the award is received. We review the award against the notes of proceedings and the documents produced, drawing on our Industrial Court practice.
How NZSK handles appeals
Every appeal starts with a consultation, online or in person, where we review the decision, the grounds and the notes of proceedings before advising on merit, deadlines and costs risk. We do not advise on a description of the case alone.
- Bring the sealed judgment or order, any grounds of judgment, the pleadings, affidavits, key exhibits and notes of evidence, and tell us the date of the decision.
- We identify the errors of law or fact that can realistically be argued, and say so plainly when an appeal is weak.
- We prepare the record of appeal, written submissions and bundles of authorities, and argue the appeal at the hearing.
- We accept briefs from other law firms to advise on or argue appeals, working alongside the solicitors who ran the case below.
Cost depends on the size of the record, the number of issues and whether leave, stay or extension applications are needed. We give a fee quotation after the consultation. Ms. Khoo Ai Theng (Maxine Khoo), a partner and Advocate & Solicitor of the High Court of Malaya admitted in 2014, leads our employment and industrial relations practice and also acts in civil and corporate litigation.
Frequently Asked Questions
In Malaysia, a notice of appeal to the Court of Appeal in a civil case must be filed within 30 days of the decision being pronounced, under rule 12 of the Rules of the Court of Appeal 1994. Where leave to appeal is required, the leave application must be made within the same period. The record of appeal, including the memorandum of appeal, must then be filed within 90 days of the decision.
In Malaysia, an appeal from a Sessions Court or Magistrates' Court to the High Court must be filed within 14 days from the date of the decision, under Order 55 rule 2 of the Rules of Court 2012. If the amount in dispute is RM10,000 or less, an appeal is allowed only on a question of law under section 28 of the Courts of Judicature Act 1964.
In Malaysia, a civil appeal to the Federal Court needs the Federal Court's leave under section 96 of the Courts of Judicature Act 1964. Leave is granted only for a question of general principle decided for the first time, a question of importance whose decision would be to the public advantage, or a constitutional question. The leave application must be filed within one month of the Court of Appeal's decision under section 97, and the threshold is high.
No. In Malaysia, an appeal does not operate as a stay of execution unless the court below or the appellate court orders a stay, under section 73 of the Courts of Judicature Act 1964. The appellant must apply separately and show special circumstances, usually that the appeal would be rendered nugatory without a stay. For money judgments, the court usually expects the judgment sum to be paid, sometimes into a stakeholder account.
In Malaysia, a party dissatisfied with an Industrial Court award can appeal to the High Court within 14 days from the date of receipt of the award, under section 33C of the Industrial Relations Act 1967. The High Court rehears the matter using the procedure for appeals from a Sessions Court. Where the representation was filed before 1 January 2021, the award is challenged by judicial review instead. See our Industrial Court page.
Generally no. Since 1 October 2022, the Courts of Judicature Act 1964 bars appeals where the court dismissed an application for summary judgment or to strike out a writ or pleading, or allowed an application to set aside a default judgment (sections 28 and 68). The case proceeds to trial instead. In 2025, the Federal Court held that a striking-out decision on a point of law that could finally decide the case may still be appealed.
The cost of an appeal in Malaysia depends on the length of the record, the number of grounds, whether leave, stay or extension of time applications are needed, and how many hearings the court fixes. The losing party is usually ordered to pay costs, which the court generally fixes as a lump sum. NZSK gives a fee quotation after reviewing the judgment and record at a consultation, online or in person.
In Malaysia, a party who misses an appeal deadline must apply to the court for an extension of time, and the court is not obliged to grant it. The court considers the length of the delay, the reasons for it, the prospects of the appeal and any prejudice to the other side, and expects a full explanation on affidavit. Without a cogent explanation, the application can fail on that ground alone.
Received a decision you may want to appeal?
Appeal deadlines in Malaysia are short, often 14 or 30 days, so contact us as soon as the decision is given. We advise once we have reviewed your documents at a consultation, online or in person, at our Puchong or Mont Kiara office.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
