GAN JOON ZIN V FUNG KUI LUN & 2 ORS

GAN JOON ZIN V FUNG KUI LUN & 2 ORS

The court held the petitioner had locus standi and could state both alternatives in s.34; however s.36A permits appeal only from determinations made at the conclusion of a full trial, so an order striking out a petition on a preliminary objection is not appealable under s.36A; the election judge correctly struck out the petition for failure to comply with mandatory particulars.

Citation
GAN JOON ZIN V FUNG KUI LUN & 2 ORS
Parties
Appellant/petitioner: Gan Joon Zin; 1st Respondent: Fong Kui Lun; Respondents: 2nd & 3rd respondents
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Election Petition Appeal / Appeal to Federal Court From Election Judge's Order Striking Out Petition on Preliminary Objection
Outcome
appeal dismissed
Legal Topics
Locus Standi, Appealability of Interlocutory Orders, Petition Particulars, Striking Out for Insufficient Particulars, Costs
Source Language
en
Election Law Civil Procedure Statutory Interpretation Locus Standi Appealability of Interlocutory Orders Petition Particulars Striking Out for Insufficient Particulars Costs

Case Brief

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Parties

Gan Joon Zin

Appellant/petitioner

Fong Kui Lun

1st Respondent

2nd & 3rd respondents

Respondents

Procedural Posture

Election Petition Appeal / Appeal to Federal Court From Election Judge's Order Striking Out Petition on Preliminary Objection

Legal Issues

  1. 1 Whether a petitioner must elect one alternative in section 34 (person who voted OR had a right to vote) or may state both
  2. 2 Whether an order striking out an election petition on a preliminary objection is appealable under section 36A
  3. 3 Whether insufficient particulars in an election petition warrant striking out under the Act and Rules

Ratio Decidendi

The court held the petitioner had locus standi and could state both alternatives in s.34; however s.36A permits appeal only from determinations made at the conclusion of a full trial, so an order striking out a petition on a preliminary objection is not appealable under s.36A; the election judge correctly struck out the petition for failure to comply with mandatory particulars.

Court Disposition

appeal dismissed

Orders

  • Election petition struck out (order of election judge upheld)
  • Appeal dismissed by Federal Court