Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Exhaustion of alternative remedies

Legal area

Court

1 Feb 2023

MB WORLD GROUP BERHAD Ketua Pengarah Hasil Dalam Negeri

Citation

JA-25-46-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-46-11/2021 (Mahkamah Tinggi)

The application was dismissed because the applicant failed to establish exceptional circumstances to bypass the statutory appeal route; there was no clear illegality, irrationality or procedural impropriety by the respondent and the appropriate remedy was appeal to the Special Commissioners under s18 RPGT.
30 Aug 2022

1. ) SITI ZABEDAH BINTI KASIM 2. ) RAVEENTHERAN A/L SUNTHERALINGAM 1. ) ACP NOOR DELLHAN BIN YAHAYA 2. ) DSP MOHD FAIZAL BIN MOHD AMIR 3. ) KETUA POLIS NEGARA 4. ) Kerajaan Malaysia

Citation

WA-25-248-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-248-04/2022 (Mahkamah Tinggi)

Leave for judicial review was refused because the applicants failed to show they had first exhausted the statutory remedy under s98(4) CPC or explained reasonably why they could not do so; a prohibition order under s98 is subject to collateral challenge only after s98(4) is exhausted or a satisfactory explanation for non‑exhaustion is provided, and no such explanation was given here making the application premature and an abuse of process.