PA-24NCVC-708-10/2020 (Mahkamah Tinggi)

PA-24NCVC-708-10/2020 (Mahkamah Tinggi)

The High Court dismissed the Erinford injunction because Article 14A of the Penang State Constitution had been upheld by the Federal Court and the applicability and enforcement of Article 14A fall within the exclusive, non-justiciable jurisdiction of the State Legislative Assembly; therefore the court lacked jurisdiction to grant an injunction that would restrain the Assembly's constitutional functions and the injunction was not justified to preserve the status quo.

Citation
PA-24NCVC-708-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Afif bin Bahardin; First Defendant: Dewan Undangan Negeri Pulau Pinang; Second Defendant (as Yang Di Pertua): Law Choo Kiang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2023
Case Number
PA-24NCVC-708-10/2020 (Mahkamah Tinggi)
Procedural Posture
Constitutional Challenge by Originating Summons (challenge to Article 14 a Psc) / Interlocutory Erinford Injunction Application Dismissed by High Court (appeal Pending)
Outcome
Plaintiff's application (Enclosure 71) for an Erinford injunction dismissed
Legal Topics
Separation of Powers, Non Justiciability of Legislative Proceedings, Interim Injunctions (erinford Injunction), State Legislature Immunity, Constitutional Validity of State Provision (article 14 a Psc)
Source Language
Malay/English
Constitutional Law Administrative Law Civil Procedure Public Law Separation of Powers Non Justiciability of Legislative Proceedings Interim Injunctions (erinford Injunction) State Legislature Immunity +1 more

Case Brief

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Parties

Afif bin Bahardin

Plaintiff

Dewan Undangan Negeri Pulau Pinang

First Defendant

Law Choo Kiang

Second Defendant (as Yang Di Pertua)

Procedural Posture

Constitutional Challenge by Originating Summons (challenge to Article 14 a Psc) / Interlocutory Erinford Injunction Application Dismissed by High Court (appeal Pending)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant an Erinford injunction restraining a State Legislative Assembly from exercising powers under Article 14A of the Penang State Constitution
  2. 2 Whether an Erinford injunction is necessary to preserve the status quo pending appeal

Ratio Decidendi

The High Court dismissed the Erinford injunction because Article 14A of the Penang State Constitution had been upheld by the Federal Court and the applicability and enforcement of Article 14A fall within the exclusive, non-justiciable jurisdiction of the State Legislative Assembly; therefore the court lacked jurisdiction to grant an injunction that would restrain the Assembly's constitutional functions and the injunction was not justified to preserve the status quo.

Court Disposition

Plaintiff's application (Enclosure 71) for an Erinford injunction dismissed

Orders

  • Enclosure 71 dismissed
  • No costs awarded