Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Adjudicator appointment
  • 23 Jan 2020

    MEGA SASA SDN BHD KINTA BAKIT SDN BHD & 6 LAGI

    Citation
    WA-24C-134-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24C-134-08/2019 (Mahkamah Tinggi)

    The court held CIPAA constitutional: statutory adjudication addresses a permissible class and is a judicial function not a usurpation of judicial power; adjudicator and AIAC fees are authorised in principle by CIPAA/regulations and are not unconstitutional though challenges to AIAC administrative fees are matters for judicial review; the Third Defendant's act in appointing the adjudicator was valid for present purposes because he acted as director or acting director and de facto officer principles apply; the Second to Fourth Defendants enjoy immunity under s.34 CIPAA and IOPIA; accordingly th…