Datuk Seri Anwar Ibrahim 1. ) Government of Malaysia 2. ) The National Security Council

Datuk Seri Anwar Ibrahim 1. ) Government of Malaysia 2. ) The National Security Council

The Federal Court has limited inherent jurisdiction to review its own final decisions where a breach of natural justice (including denial of the right to be heard) has caused a grave injustice apparent on the face of the record; the applicant was not given notice or an opportunity to address whether the constitutional questions were academic and on locus standi, that denial left him without an effective remedy and undermined public confidence, therefore the Court set aside its 11 February 2020 decision and ordered the special case reheard.

Citation
08(RS)-1-03/2020(W) (Mahkamah Persekutuan)
Parties
Applicant/appellant/plaintiff: Datuk Seri Anwar Ibrahim; Respondent/defendant: Government of Malaysia; Respondent/defendant: The National Security Council
Court
RS
Jurisdiction
Malaysia
Judgment Date
10 September 2020
Case Number
08(RS)-1-03/2020(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Application for Review of Federal Court Decision / Review Hearing in Federal Court — Application Granted and Special Case Fixed for Rehearing
Outcome
Federal Court allowed the review application, set aside its decision dated 11 February 2020 and ordered the special case to be fixed for rehearing; no order as to costs.
Legal Topics
Review of Final Court Decision, Inherent Jurisdiction, Natural Justice (right to Be Heard), Locus Standi, Constitutionality of National Security Council Act 2016, Finality V Public Confidence
Source Language
Malay/English
Constitutional Law Administrative Law Judicial Review Public Law Civil Procedure Review of Final Court Decision Inherent Jurisdiction Natural Justice (right to Be Heard) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Datuk Seri Anwar Ibrahim

Applicant/appellant/plaintiff

Government of Malaysia

Respondent/defendant

The National Security Council

Respondent/defendant

Procedural Posture

Civil Application for Review of Federal Court Decision / Review Hearing in Federal Court — Application Granted and Special Case Fixed for Rehearing

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to review its own final decisions
  2. 2 Whether breach of natural justice (audi alteram partem) is a ground for such review
  3. 3 Whether applicant was denied the right to be heard on locus standi and academic nature of constitutional questions

Ratio Decidendi

The Federal Court has limited inherent jurisdiction to review its own final decisions where a breach of natural justice (including denial of the right to be heard) has caused a grave injustice apparent on the face of the record; the applicant was not given notice or an opportunity to address whether the constitutional questions were academic and on locus standi, that denial left him without an effective remedy and undermined public confidence, therefore the Court set aside its 11 February 2020 decision and ordered the special case reheard.

Court Disposition

Federal Court allowed the review application, set aside its decision dated 11 February 2020 and ordered the special case to be fixed for rehearing; no order as to costs.

Orders

  • Set aside Federal Court decisions dated 11 February 2020 in their entirety
  • Special case (reference) to be fixed for rehearing before the Federal Court