BADAN PEGUAM MALAYSIA 1. ) MENTERI SUMBER MANUSIA 2. ) PEMBANGUNAN SUMBER MANUSIA BERHAD

BADAN PEGUAM MALAYSIA 1. ) MENTERI SUMBER MANUSIA 2. ) PEMBANGUNAN SUMBER MANUSIA BERHAD

The court held that time for filing the judicial review application ran from the Final Letter dated 31.5.2021 because it was a clear operative decision and there was no indication the respondents would reconsider; the applicant’s unexplained delay after that date rendered the application time‑barred against HRD Corp so extension was refused and the judicial review dismissed as to HRD Corp, while the Minister’s failure to file any replying affidavit amounted to no contradiction of the applicant’s assertions and justified granting the extension against the Minister.

Citation
WA-25-34-01/2022 (Mahkamah Tinggi)
Parties
Pemohon: Badan Peguam Malaysia; Responden: Menteri Sumber Manusia; Responden: Pembangunan Sumber Manusia Berhad (HRD Corp)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 August 2022
Case Number
WA-25-34-01/2022 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (leave Application) / Decision on Extension of Time and Competency of Judicial Review Application
Outcome
Extension of time refused as against Pembangunan Sumber Manusia Berhad; judicial review application dismissed as against Pembangunan Sumber Manusia Berhad; extension of time granted as against the Minister of Human Resources; no order as to costs.
Legal Topics
Judicial Review, Extension of Time, Delegated Legislation, Conflict Between Statutes, Continuing Professional Development
Source Language
Malay/English
Administrative Law Labour and Employment Law Statutory Interpretation Civil Procedure Judicial Review Extension of Time Delegated Legislation Conflict Between Statutes +1 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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Badan Peguam Malaysia

Pemohon

Menteri Sumber Manusia

Responden

Pembangunan Sumber Manusia Berhad (HRD Corp)

Responden

Procedural Posture

Judicial Review (leave Application) / Decision on Extension of Time and Competency of Judicial Review Application

Legal Issues

  1. 1 Whether the Pembangunan Sumber Manusia Berhad Act 2001 as amended by the 2021 Order applies to the legal profession
  2. 2 Whether the Legal Profession Act 1976 displaces or takes precedence over the HRD Corp Act in respect of training and CPD for lawyers
  3. 3 Whether the judicial review application was filed within time or whether an extension of time should be granted under Order 53

Ratio Decidendi

The court held that time for filing the judicial review application ran from the Final Letter dated 31.5.2021 because it was a clear operative decision and there was no indication the respondents would reconsider; the applicant’s unexplained delay after that date rendered the application time‑barred against HRD Corp so extension was refused and the judicial review dismissed as to HRD Corp, while the Minister’s failure to file any replying affidavit amounted to no contradiction of the applicant’s assertions and justified granting the extension against the Minister.

Court Disposition

Extension of time refused as against Pembangunan Sumber Manusia Berhad; judicial review application dismissed as against Pembangunan Sumber Manusia Berhad; extension of time granted as against the Minister of Human Resources; no order as to costs.

Orders

  • Application for extension of time refused against Pembangunan Sumber Manusia Berhad (putative 2nd respondent)
  • Judicial review application dismissed as against Pembangunan Sumber Manusia Berhad