Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Judicial review of administrative decisions

Legal area

Court

20 Apr 2021

MANALGA SDN BHD 1. ) MASLAMANI A/L M YESAIAH 2. ) YANG BERHORMAT MENTERI SUMBER MANUSIA

Citation

WA-25-165-05-2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-165-05-2020 (Mahkamah Tinggi)

The Court concluded that the Minister's discretion under s 20(3) must be exercised after objectively sieving relevant materials but, on balance, the applicant failed to establish a reviewable jurisdictional error that warranted quashing the referral; accordingly the judicial review application was dismissed with costs.
14 Dec 2020

CHING HONG SENG 1. KUMPULAN HARTANAH SELANGOR BERHAD 2. MAHKAMAH PERUSAHAAN

Citation

W-01(A)-468-09/2019 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-468-09/2019 (Mahkamah Rayuan)

The Court affirmed the High Court because the Industrial Court's finding that dismissal was with just cause and excuse was supported by evidence (documentary proof, admissions, absence of board authorisation and subsidiary status); allegations of victimisation were not pleaded or proved; there was no basis for quashing the Industrial Court award on judicial review.