Boonrich Sdn Bhd 1. ) The Chief Conservator of Forests, Sabah Forestry Department 2. ) The State Government of Sabah

Boonrich Sdn Bhd 1. ) The Chief Conservator of Forests, Sabah Forestry Department 2. ) The State Government of Sabah

The Court held that the originating summons was an abuse of process because the substantive reliefs sought (quashing the circular and compelling issuance of export permission) were prerogative remedies requiring judicial review under Order 53; the claim was also premature as the appellant's export registration had...

Source-derived case information.

Citation
S-01(NCvC)(A)-3-01/2020 (Mahkamah Rayuan)
Parties
Appellant: Boonrich Sdn Bhd; 1st Respondent: The Chief Conservator of Forests, Sabah Forestry Department; 2nd Respondent: The State Government of Sabah
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
24 November 2021
Case Number
S-01(NCvC)(A)-3-01/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Judicial Review, Declaratory Relief, Certiorari, Mandamus, Export Ban, Ultra Vires, Abuse of Process, Limitation Period, Delegation of Statutory Powers
Administrative Law Constitutional Law Civil Procedure Forestry Law Public Law Judicial Review Declaratory Relief Certiorari +6 more

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Summary, issues, holding and outcome

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Parties

Boonrich Sdn Bhd

Appellant

The Chief Conservator of Forests, Sabah Forestry Department

1st Respondent

The State Government of Sabah

2nd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the originating summons was an abuse of process because the proper mode was judicial review under Order 53
  2. 2 Whether the Sabah Government had power to impose a ban on export of logs including cultivated timber
  3. 3 Whether the circular constituted a reviewable decision of a public authority

Ratio Decidendi

The Court held that the originating summons was an abuse of process because the substantive reliefs sought (quashing the circular and compelling issuance of export permission) were prerogative remedies requiring judicial review under Order 53; the claim was also premature as the appellant's export registration had expired and the appellant circumvented Order 53 protections; accordingly the appeal was dismissed and the High Court decision affirmed.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Appeal dismissed
  • Decision of the High Court affirmed