NURUL SHAFIKA BINTI ABDULLAH (970415-07-5774) 1. ) KETUA PENGARAH JABATAN PENDAFTARAN NEGARA 2. ) Pejabat Penasihat Undang-Undang Negeri Pulau Pinang 3. ) MAJLIS AGAMA ISLAM NEGERI PULAU PINANG

NURUL SHAFIKA BINTI ABDULLAH (970415-07-5774) 1. ) KETUA PENGARAH JABATAN PENDAFTARAN NEGARA 2. ) Pejabat Penasihat Undang-Undang Negeri Pulau Pinang 3. ) MAJLIS AGAMA ISLAM NEGERI PULAU PINANG

The Court held that Respondent 3's strike‑out application (Lampiran 21) was not meritorious because the issues raised had been considered at the leave stage and the matter was not a plain and obvious case fit for summary dismissal; the substantive issues should be heard rather than disposed of on affidavit alone....

Source-derived case information.

Citation
PA-25-4-01/2021 (Mahkamah Tinggi)
Parties
Applicant / Pemohon: Nurul Shafika binti Abdullah; Respondent 1: Ketua Pengarah Pendaftaran Negara; Respondent 2: Kerajaan Malaysia; Respondent 3: Majlis Agama Islam Negeri Pulau Pinang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 March 2022
Case Number
PA-25-4-01/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Interlocutory Applications Decided After Leave Granted; Substantive Application Subsequently Withdrawn by Applicant
Outcome
Both the respondent's strike‑out application (Lampiran 21) and the applicant's substantive application (Lampiran 12) were cancelled/struck out; Lampiran 21 was dismissed on its merits and Lampiran 12 was withdrawn by the applicant, and both were disposed of without costs.
Legal Topics
Judicial Review, Leave to Apply, Order 18 Rule 19 ROC 2012, Jurisdiction (high Court Vs Syariah), Res Judicata, Functus Officio, Change of Name and Religious Status, Registration and Identity Card
Administrative Law Constitutional Law Religious Law Civil Procedure Judicial Review Leave to Apply Order 18 Rule 19 ROC 2012 Jurisdiction (high Court Vs Syariah) +4 more

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Summary, issues, holding and outcome

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Parties

Nurul Shafika binti Abdullah

Applicant / Pemohon

Ketua Pengarah Pendaftaran Negara

Respondent 1

Kerajaan Malaysia

Respondent 2

Majlis Agama Islam Negeri Pulau Pinang

Respondent 3

Procedural Posture

Judicial Review / Interlocutory Applications Decided After Leave Granted; Substantive Application Subsequently Withdrawn by Applicant

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear the substantive issue or whether Syariah Court has exclusive jurisdiction
  2. 2 Whether a respondent can apply to strike out a judicial review application under Order 18 rule 19 after leave under Order 53 has been granted
  3. 3 Whether doctrines of res judicata and functus officio preclude the Court from entertaining the strike‑out application

Ratio Decidendi

The Court held that Respondent 3's strike‑out application (Lampiran 21) was not meritorious because the issues raised had been considered at the leave stage and the matter was not a plain and obvious case fit for summary dismissal; the substantive issues should be heard rather than disposed of on affidavit alone. Consequently Lampiran 21 was rejected. The substantive application (Lampiran 12) was later withdrawn by the applicant, rendering the dispute academic, and the Court struck/cancelled both Lampiran 12 and Lampiran 21 without costs.

Court Disposition

Both the respondent's strike‑out application (Lampiran 21) and the applicant's substantive application (Lampiran 12) were cancelled/struck out; Lampiran 21 was dismissed on its merits and Lampiran 12 was withdrawn by the applicant, and both were disposed of without costs.

Orders

  • Lampiran 21 (Respondent 3 strike‑out application) dismissed/struck out
  • Lampiran 12 (applicant's substantive judicial review) withdrawn by applicant and cancelled