28 Jun 2024
Kerajaan Malaysia LFL SDN BHD
- Citation
- 01(i)-17-05/2023(W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- 01(i)-17-05/2023(W) (Mahkamah Persekutuan)
The Federal Court held that state immunity is a preliminary procedural question that must be decided before merits; the executive certificate recognizing Singapore as a foreign sovereign is conclusive evidence that the Singapore Home Affairs Minister acted in an official capacity and his acts are jure imperii attracting immunity; accordingly Appeal No.16 is allowed and the originating summons challenging the Minister (OS 51) is struck out. Appeal No.17 is dismissed insofar as challenging immunity but OS 46 is remitted to proceed limited to a declaration on the extraterritorial jurisdiction of…