COUNSEL & SOLICITOR:
Lim Kian Leong (Low Chi Cheng with him) (Lim Kian Leong & Co) for the appellant
Federal Court
Constitutional Law – Courts – Jurisdiction of High Court – Plaintiff filed action at High Court – Plaintiff subsequently proclaimed the Sultan of Selangor – Whether High Court continued to exercise jurisdiction to adjudicate on suit – Federal Constitution arts 181(2), 182(2) and (3)
Constitutional Law – Courts – Power to transfer cases – Plaintiff filed action at High Court – Plaintiff subsequently proclaimed the Sultan of Selangor – Whether High Court had jurisdiction or power to transfer suit to Special Court established under Part XV of Federal Constitution
Constitutional Law – Suit involving government or ruler – Immunity of sovereign – Plaintiff filed action at High Court – Plaintiff subsequently proclaimed the Sultan of Selangor – Whether term ‘Ruler’ in arts 181, 182 and 183 of the Federal Court should be construed to mean Ruler at the time when the cause of action arose – Maxim ‘rex nunquam moritur’ – Whether question of when cause of action arose was relevant to construction of term ‘Ruler’