24 Nov 2021
Boonrich Sdn Bhd 1. ) The Chief Conservator of Forests, Sabah Forestry Department 2. ) The State Government of Sabah
- Citation
- S-01(NCvC)(A)-3-01/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- S-01(NCvC)(A)-3-01/2020 (Mahkamah Rayuan)
The Court held that the originating summons was an abuse of process because the substantive reliefs sought (quashing the circular and compelling issuance of export permission) were prerogative remedies requiring judicial review under Order 53; the claim was also premature as the appellant's export registration had expired and the appellant circumvented Order 53 protections; accordingly the appeal was dismissed and the High Court decision affirmed.