LFL SDN BHD Kerajaan Malaysia

LFL SDN BHD Kerajaan Malaysia

The Court of Appeal held the High Court erred in striking out the originating summonses because the issues (extra‑territorial effect of Singapore law and interaction with sovereign immunity and constitutional rights) raise serious questions requiring full and mature consideration and are not plainly or obviously unsustainable; thus the striking out under O.18 r.19 was inappropriate and the matters must be remitted to the High Court for full hearing.

Citation
W-01(IM)-393-07/2021 (Mahkamah Rayuan)
Parties
Appellant: LFL Sdn Bhd; Respondent/defendant (minister of Home Affairs, Singapore): K. Shanmugam; Respondent/defendant: Kerajaan Malaysia; Respondent/intervener: Jabatan Peguam Negara (Attorney General's Chambers)
Court
IM
Jurisdiction
Malaysia
Judgment Date
20 July 2022
Case Number
W-01(IM)-393-07/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (interlocutory Striking Out) / Court of Appeal Judgment (appeal Allowed)
Outcome
Both appeals allowed; High Court orders striking out set aside; matters remitted to the High Court
Legal Topics
Extra‑territorial Application of Foreign Law, Sovereign Immunity (restrictive V Absolute), Comity of Nations, Freedom of Speech Under Article 10, Striking Out Under Order 18 Rule 19
Source Language
Malay/English
Constitutional Law Civil Procedure Public International Law Administrative Law Extra‑territorial Application of Foreign Law Sovereign Immunity (restrictive V Absolute) Comity of Nations Freedom of Speech Under Article 10 +1 more

Case Brief

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Parties

LFL Sdn Bhd

Appellant

K. Shanmugam

Respondent/defendant (minister of Home Affairs, Singapore)

Kerajaan Malaysia

Respondent/defendant

Jabatan Peguam Negara (Attorney General's Chambers)

Respondent/intervener

Procedural Posture

Civil Appeal (interlocutory Striking Out) / Court of Appeal Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether Malaysian courts have jurisdiction to grant relief against the extra‑territorial effect or enforcement of Singapore law (POFMA)
  2. 2 Whether foreign sovereign immunity ousts jurisdiction to consider effects of foreign law on local rights
  3. 3 Whether the High Court properly applied the striking out test under O.18 r.19 to dismiss the originating summonses

Ratio Decidendi

The Court of Appeal held the High Court erred in striking out the originating summonses because the issues (extra‑territorial effect of Singapore law and interaction with sovereign immunity and constitutional rights) raise serious questions requiring full and mature consideration and are not plainly or obviously unsustainable; thus the striking out under O.18 r.19 was inappropriate and the matters must be remitted to the High Court for full hearing.

Court Disposition

Both appeals allowed; High Court orders striking out set aside; matters remitted to the High Court

Orders

  • Both appeals allowed
  • Orders of the High Court striking out OS 46 and OS 51 set aside