PUSPA RANI A/P THANABALASINGAM (NO K/P: 760317-14-5606) MAJLIS DAERAH CAMERON HIGHLANDS

PUSPA RANI A/P THANABALASINGAM (NO K/P: 760317-14-5606) MAJLIS DAERAH CAMERON HIGHLANDS

Applicant failed to demonstrate she was 'adversely affected' by the respondent's decision; holding office as president of an animal rights association and carrying out protective activities outside the respondent's jurisdiction did not satisfy the threshold locus standi required for leave under Order 53; accordingly permission for judicial review was refused.

Citation
CB-25-2-04/2021 (Mahkamah Tinggi)
Parties
Pemohon: Puspa Rani a/p Thanabalasingam; Responden: Majlis Daerah Cameron Highlands
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2021
Case Number
CB-25-2-04/2021 (Mahkamah Tinggi)
Procedural Posture
Permohonan Semakan Kehakiman (judicial Review Application) / Permohonan Kebenaran / Leave Stage
Outcome
Leave to apply for judicial review refused
Legal Topics
Locus Standi (adversely Affected), Threshold for Leave, Abuse of Public Power, Interpretation of Section 29 Animal Welfare Act 2015, Order 53 Rules 2012 Procedure
Source Language
Malay/English
Administrative Law Judicial Review Animal Welfare Law Local Government Law Locus Standi (adversely Affected) Threshold for Leave Abuse of Public Power Interpretation of Section 29 Animal Welfare Act 2015 +1 more

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Parties

Puspa Rani a/p Thanabalasingam

Pemohon

Majlis Daerah Cameron Highlands

Responden

Procedural Posture

Permohonan Semakan Kehakiman (judicial Review Application) / Permohonan Kebenaran / Leave Stage

Legal Issues

  1. 1 Whether the applicant has locus standi / is 'adversely affected' by the respondent's decision
  2. 2 Whether the respondent's campaign to capture stray dogs engages offences under the Animal Welfare Act 2015 or amounts to unlawful cruelty
  3. 3 Whether the application satisfies the low threshold to obtain leave for judicial review under Order 53 Kaedah‑kaedah Mahkamah 2012

Ratio Decidendi

Applicant failed to demonstrate she was 'adversely affected' by the respondent's decision; holding office as president of an animal rights association and carrying out protective activities outside the respondent's jurisdiction did not satisfy the threshold locus standi required for leave under Order 53; accordingly permission for judicial review was refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Permohonan kebenaran semakan kehakiman ditolak
  • Tiada perintah berkenaan kos / No order as to costs