S84 Courts of Judicature Act 1964

The Courts of Judicature Act 1964 is the Act related to the High Court, Court of Appeal and Federal Court. The Statute lists the jurisdictions of each of the aforementioned Courts, composition of the Court of Appeal and Federal Court etc etc.

The Perak case, was referred to the Federal Court by the High Court of Malaya at Kuala Lumpur, on the issues related to the Perak Constitution. Apparently, referring to Section 84 of the CJA, a matter can be referred directly to the Federal Court, if the matter is related to Constitutional issues.

However, the Federal Court on 23rd March 2009 referred to S84 and held that S84 can only be referred to, when dealing with Federal Constitution and not State Constitution. This would mean that the Perak case would be be heard before the High Court Judge, and if the losing party appeals, the case may go all the way back to Federal Court again, but this time as a normal case (which usually goes through the usual appeal process).

Below is S84 for your reading pleasure.

84. Reference of constitutional question by High Court.

(1) Where in any proceedings in the High Court a question arises as to the effect of any provision of Constitution the Judge hearing the proceedings may stay the same on such terms as may be just to await the decision of the question by the Federal Court.

(2) An order staying proceedings under this section may be made by the Judge of his own motion or on the application of any party and shall be made at such stage of the proceedings as the Judge may see fit having regard to the decision of such questions of fact as may be necessary to be settled to assist the Federal Court in deciding the question which has arisen and to the speedy and economical final determination of the proceedings.

(3) Where an order for stay of proceedings has been made under this section the Judge shall state the question which in his opinion has arisen as to the effect of the Constitution in the form of a special case which so far as may be possible shall state the said question in a form which shall permit of an answer being given in the affirmative or the negative.

(4) Where a Judge shall have stated a special case under this section the same shall be transmitted to the Federal Court in accordance with the rules of court of the Federal Court.