They filed the case after the Taiping High Court turned down an application to strike out a writ of summons involving their civil matter as the amendments disallowed them from bringing it up to the Court of Appeal.
In the originating summons filed recently, the three, who named the law minister and the government as defendants, claimed that the changes were ultra vires the Federal Constitution.
They are seeking a declaration that the amendments to Section 28 (1) and Section 68 (1) of the Courts of Judicature Act 1964 which now prohibit appeals after an interlocutory application is rejected, are ultra vires Article 5(1) and/or Article 10(1)(a) and 10(2) of the Federal Constitution which guarantee the freedom of expression to an individual.
“In the event that the court makes a declaration that the amendments were unlawful, we want an order for our appeal against the order to be heard at the Court of Appeal within 30 days,” they said in the originating summons sighted by FMT.
The amendments made last year, among others, prohibit any appeal if a subordinate court dismisses any application for a summary judgment, to strike out any writ or pleading, and to set aside a judgment in default.
The lawyer for the businessmen, T Manoharan, said they were now waiting for the parties to exhaust all affidavits before the High Court fixes the hearing date for his clients’ application.
In an affidavit of reply to the originating summons, the chief registrar of the Federal Court said the move to limit these appeals were policy decisions made by the meeting of the rules committee of the judiciary.
The committee comprises representatives from the judiciary, the Bar Council, the Sabah Law Association, the Sarawak Advocates Association and the Attorney-General’s Chambers.
“The proposal to make the changes was also approved by the Cabinet in November 2021 and subsequently debated in Parliament before approval.
“The changes were made by public participation via its stakeholders and important groups. It has also been approved by both the houses in Parliament and obtained the King’s assent on Aug 31 last year,” the affidavit stated.