21 Apr 2021
ADAM HUSEIN BIN YUSOP 1. CIMB BERHAD 2. MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- WA-25-550-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-550-12/2019 (Mahkamah Tinggi)
The High Court held the Industrial Court erred in law and was Wednesbury unreasonable in declining jurisdiction: the Minister/Director General were not functus officio to refer the applicant's complaint about breach of the Memorandum, the Industrial Court had a duty to determine the referral on its merits, and the question of timeliness was not validly sustained by the Industrial Court; accordingly leave for certiorari and mandamus was granted and the decision of the Industrial Court set aside to the extent of its refusal to assume jurisdiction.