PUTRAJAYA (Nov 6): The Federal Court dismissed the appeal by a businesswoman, who was challenging the Court of Appeal decision which had overturned a High Court decision that she was entitled to RM200,000 damages from CTOS Data Systems Sdn Bhd (CDS), a subsidiary of CTOS Digital Bhd (KL:CTOS).

A three-member apex court bench, led by Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, denied leave (permission) for Suriati Mohd Yusoff to appeal based on five questions of law posed to the court for determination.

Abang Iskandar, who sat with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Vazeer Alam Mydin Meera, were unanimous in their decision that the questions posed did not pass the threshold set under Section 96 of the Courts of Judicature Act for the appeal to be heard on its merits.

“The bench is unanimous in its decision as we find that if leave is granted, the appeal may have no prospect of success. Accordingly, we dismiss the leave application,” the top judge said.

The bench ordered Suriati to pay costs of RM30,000 to CDS. At the Federal Court, it is not automatic in civil cases for appeals to be directly heard, as they have to pass the threshold based on the facts and questions of law for determination. 

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