Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Damages as alternative remedy

Legal area

Court

4 Sept 2024

SITI SUHANA BINTI SUID 1. ) Suruhanjaya Perkhidmatan Awam Malaysia 2. ) Kerajaan Malaysia

Citation

WA-25-19-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-19-01/2024 (Mahkamah Tinggi)

The stay application was dismissed because the applicant failed to establish the special circumstances required by the Godfrey Philips test; the availability of damages as an adequate remedy meant irreparable harm was not shown and the balance of convenience and public interest favoured the respondents.
4 Sept 2024

SITI SUHANA BINTI SUID 1. ) Suruhanjaya Perkhidmatan Awam Malaysia 2. ) Kerajaan Malaysia

Citation

WA-25-19-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-19-01/2024 (Mahkamah Tinggi)

The applicant failed to establish the special circumstances required to justify a stay: damages are an adequate alternative remedy to address the alleged loss if the applicant succeeds, the balance of convenience and public interest favour the respondents because a stay would risk public funds and reinstate pay to an employee who may ultimately be lawfully dismissed; consequently the stay application was dismissed.