12 Sept 2023
1. ) FIVE STAR HERITAGE SDN BHD 2. ) XXXX 3. ) Maung Shwe Winn Sebagai Naib Pengerusi kepada Penang Burmese Society XXXX
- Citation
- 02(f)-8-02/2023(P) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-8-02/2023(P) (Mahkamah Persekutuan)
The Federal Court unanimously held that under section 9 of the Government Proceedings Act 1956 the Attorney General has no discretion to grant the written consent after a suit has already been instituted and that consent must be procured by the requisite persons prior to institution; therefore the AG's consent dated 31.5.2016 was invalid and is quashed, rendering OS 1128 incompetent and not maintainable and justifying reinstatement of the High Court's quashing of that consent in the judicial review proceedings.