Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Grounds for judicial review

Legal area

Court

23 Aug 2022

PRABAHARAN A/L MALAYALAM 1. ) HIEWA AUTO GALLERY (LARKIN) SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

J-01(A)-83-02/2021 (Mahkamah Rayuan)
Court

A
Case number

J-01(A)-83-02/2021 (Mahkamah Rayuan)

The Industrial Court had jurisdiction to decide whether the claimant was an employee at the time of alleged dismissal; contemporaneous evidence established the claimant became a full‑time employee of another employer on 16.5.2018 and thus had abandoned his employment before the employer's termination, rendering the Industrial Court's award valid and the High Court's dismissal of judicial review correct.
1 Jan 1900

BADAN PENGURUSAN BERSAMA THE HAVEN LAKESIDE RESIDENCES (NO. PERBADANAN : BIL 06/2014, PESURUHJAYA BANGUNAN MAJLIS BANDARAYA IPOH) 1. TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA ZON UTARA 2. YAW SUK CHUN (NO. K/P: 660527-08-5068)

Citation

PA-25-38-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-38-08/2020 (Mahkamah Tinggi)

The High Court held there was sufficient doubt as to whether the 2nd Respondent received the notice and the Tribunal did not err in setting aside the Award and reinstating the claim; the Tribunal acted fairly under S.113 and gave appropriate relief without causing prejudice to the Applicant; accordingly the judicial review application was dismissed for lacking merit.