Malaysia Case Law: Decisions & Judgments

Topic

Exhaustion of statutory remedies

Legal area

Court

10 Mar 2025

1. ) TAN LIANG SWEE 2. ) TAN GIM LIN Suruhanjaya Sekuriti Malaysia

Citation

WA-25-123-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-123-03/2024 (Mahkamah Tinggi)

The ex‑parte leave was obtained without full and frank disclosure and without the mandatory affidavit verifying facts by A2 as required by O.53 r.3(2) RC 2012; a supplemental affidavit filed after leave was granted cannot cure that mandatory non‑compliance; additionally the applicants failed to exhaust the statutory review under s.364 CMSA, rendering the JR premature; therefore the ex‑parte leave is set aside and related reliefs granted.
8 Apr 2024

AWESOME BROADCASTING SDN BHD MYTV BROADCASTING SDN BHD

Citation

W-02(IM)(NCvC)-123-01/2024 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-123-01/2024 (Mahkamah Rayuan)

The appeal was dismissed because the plaintiff prematurely sought court relief without exhausting the statutory remedies under the Communications and Multimedia Act 1998 and failed to join MCMC, a necessary and affected regulatory party; granting the injunction would improperly suspend or interfere with MCMC's regulatory functions and there was no serious issue to be tried in the absence of that necessary party.
27 Feb 2024

NORRIHA BINTI ABDUL RAHMAN 1. ) JABATAN PENDIDKAN DAERAH KOTA BHARU 2. ) JABATAN PENDIDIKAN NEGERI KELANTAN 3. ) KEMENTERIAN PENDIDIKAN MALAYSIA 4. ) LEMBAGA KENAIKAN PANGKAT PERKHIDMATAN PELAJARAN

Citation

DA-25-8-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-25-8-09/2022 (Mahkamah Tinggi)

Application dismissed on two co‑equal grounds: (1) preliminary objections sustained because applicant failed to exhaust statutory appeal remedies under Regulations 23–24 and therefore effectively sought to bypass the prescribed appeal route; and (2) applicant failed to make full and frank disclosure at the leave stage. On the merits the court found respondents' decisions lawful, rational and procedurally proper and the repayment demand for overpaid emoluments lawful under Treasury and service rules.
15 Nov 2023

MAXIM TEXTILE TECHNOLOGY SDN. BHD. 1. ) KEMENTERIAN KEWANGAN MALAYSIA 2. ) Jabatan Kastam Diraja Malaysia (KDRM)

Citation

JA-25-17-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-17-07/2023 (Mahkamah Tinggi)

Leave dismissed: the 19.4.2023 letter was merely an update and not a fresh reviewable decision; the BODs dated 12.6.2014 are the operative decisions and the applicant filed out of time without seeking extension; the applicant failed to exhaust statutory appeal and remission remedies and, having sought remission, effectively accepted the liability; travel ban is immune from judicial review under the Immigration Act ouster clause and the company lacked locus to seek stay for individual directors; requested stays would amount to prohibited injunctions against public officers.
3 Jul 2023

BYG ARCHITECTURE SDN BHD PEGUAM NEGARA

Citation

BA-25-86-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-86-12/2022 (Mahkamah Tinggi)

Leave to commence judicial review was refused because (1) the Minister's non-response did not amount to a reviewable decision or a clear refusal amenable to certiorari or mandamus, (2) sections 135 and 127(3A) of the Income Tax Act confer discretion ('may') not a legal duty the court can compel, and (3) the applicant failed to exhaust the statutory appeal remedy under the ITA, rendering the leave application premature and without an arguable case.
5 Oct 2022

RINI MALIANA BINTI SHAHBUDIN 1. ) Agensi Anti Dadah Kebangsaan (AADK) 2. ) Suruhanjaya Perkhidmatan Awam Malaysia

Citation

BA-25-20-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-20-03/2022 (Mahkamah Tinggi)

The leave application was dismissed because the named respondents were not the decision‑makers subject to review, the application was filed beyond the three‑month period under Order 53 r3(6) without an extension application, and the applicant failed to exhaust the statutory appeal route with no exceptional circumstances to justify bypassing that remedy.
30 Aug 2022

WAN MOHAMAD RUZMAN BIN WAN MAT 1. ) TENAGA NASIONAL BERHAD 2. ) Zailan Zam Zam Bin Ishak 3. ) MOHD FARHAN BIN FAKRI 4. ) LAKSANA CERGAS SDN BHD

Citation

DA-22NCvC-64-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-64-12/2021 (Mahkamah Tinggi)

The court allowed the strike out applications because the plaintiff had an available statutory remedy under the Industrial Relations Act and failed to pursue judicial review after the Minister's refusal, the writ and statement of claim therefore constituted an abuse of process; additionally the tort of conspiracy was not pleaded with the required particularity and the claim disclosed no reasonable cause of action under Order 18 r 19.
19 Jan 2022

1. KEVIN RAMESH A/L RAJAKUMAR 2. THEVA ANATHAN A/L RAMACHANDRAN RAMACHANDRAN A/L MANIAM

Citation

WA-22NCVC-600-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-600-09/2021 (Mahkamah Tinggi)

Because the Societies Act 1966 vests the Registrar with the statutory duty and power to resolve disputes about the proper constitution of a society's office-bearers, and the plaintiffs did not first refer the dispute to the Registrar, the plaintiffs' action in Court was premature and the defendant's strike out application under Order 18 Rule 19 was allowed.
15 Nov 2021

PERTUBUHAN KEBAJIKAN RUMAH BONDA KUALA LUMPUR 1. PENGARAH JABATAN KEBAJIKAN MASYARAKAT W.P KUALA LUMPUR 2. MENTERI PEMBANGUNAN WANITA, KELUARGA DAN MASYARAKAT

Citation

WA-25-286-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-286-08/2021 (Mahkamah Tinggi)

Leave for judicial review was refused because the applicant failed to exhaust the statutory appeal under section 22 of the Care Centres Act 1993 and therefore the application was premature and an abuse of process; additionally the applicant did not satisfy the requirements of section 44 Specific Relief Act 1950 for mandamus as it was not a registered care centre and lacked a clear legal right and adequate inability to use alternative remedies.