Can a court deliver judgment if one judge is absent?

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A Court Can Deliver Judgment Even If One Judge is Absent

A court can proceed to deliver or pronounce its judgment even if one or more of the judges who constituted the bench are absent. This provision allows for the continuation of judicial proceedings without undue delay, ensuring that judgments are not perpetually postponed due to the unavoidable absence of a judge. In such instances, the judgment of the absent judge can be read out by another judge of the court or by the Registrar.
Rule 63 of the Rules of the Federal Court 1995

The Rules of the Federal Court 1995, specifically Rule 63, explicitly addresses the pronouncement of judgments. This rule states that the judgment of the Court shall be pronounced in open court, either during the appeal hearing or at a later date notified by the Registrar. Crucially, it allows for this pronouncement to occur notwithstanding the absence of any judges who were part of the bench.
Mechanism for Pronouncing Judgment in Absentia

Rule 63 further details the procedure when a judge is absent. It specifies that the judgment of any judge who is not present may be read by another judge who is part of the court or by the Registrar. This mechanism ensures that the collective decision of the court is formally delivered and recorded, even if not all original members are physically present.
Judicial Discretion in Adjournments

While the rules permit judgments to be delivered in the absence of judges, the decision to adjourn or postpone a proceeding ultimately rests within the absolute discretion of the court. This principle was affirmed in the Federal Court decision of Dato’ Sri Mohd Najib bin Hj Abdul Razak v Public Prosecutor $$2023$$, where it was stated that the law on adjournments is settled and falls under the court's absolute discretion. Therefore, even if a judge is absent, the court may still opt to postpone the delivery of judgment if it deems it appropriate under the circumstances.

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Can a court deliver judgment if one judge is absent?

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