19 Nov 2019
Tony Pua Kiam Wee 1. Datuk Seri Najib Bin Tun Haji Abdul Razak 2. Kerajaan Malaysia
- Citation
- 01(i)-44-11/2018(W) & 02(i)-111-11/2018(W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- 01(i)-44-11/2018(W) & 02(i)-111-11/2018(W) (Mahkamah Persekutuan)
The Federal Court held that the common law tort of misfeasance in public office applies broadly to persons holding public office including the Prime Minister and Ministers; statutory definitions in the Interpretation Acts and Federal Constitution were enacted for interpreting written law and for administrative constitutional structure and do not, without specific legislative intent, abrogate or narrow the common law meaning of 'public officer' for the tort; section 5 GPA uses its own definition of 'officer' and includes Ministers for purposes of vicarious liability; the pleaded claim was not…