15 Dec 2022
BD AGRICULTURE (MALAYSIA) SDN BHD PEGUAM NEGARA
- Citation
- WA-25-437-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-437-07/2022 (Mahkamah Tinggi)
The court held that the Minister's omission to respond is an action/omission amenable to judicial review under O 53 r 2(4) ROC; the applicant met the low threshold for leave; the question whether s 99 displaces s 135 and whether the Minister should exercise discretion under s 127(3A) are merits issues for the substantive hearing; leave was granted and an interim stay was appropriate given the large tax quantum likely to cause irreparable harm.