Seen And Heard: A Game-Changing Ruling On Virtual Hearing In Malaysia

Introduction

As the Covid-19 pandemic unfolded, the legal landscape of Malaysia underwent a significant transformation. Courts were no longer confined to the physical realm. They had to extend their operations into the virtual world to continue delivering justice. This unprecedented transition from traditional courtrooms to virtual hearings has, however, not been without difficulty.

In Goldpage Assets Sdn Bhd v Bank Islam Malaysia Berhad & Ors¹, an issue was raised as to the parameters in which a virtual hearing may be conducted. In particular, the Court of Appeal deliberated as to whether virtual hearings via videoconferencing must be conducted with the Court's video/camera switched on at all times. The Court answered in the affirmative because the inability to see the Court on video during a virtual proceeding can amount to a breach of natural justice.