12 Sept 2023
1. ) FIVE STAR HERITAGE SDN BHD 2. ) XXXX 3. ) Maung Shwe Winn Sebagai Naib Pengerusi kepada Penang Burmese Society Jabatan Peguam Negara
- Citation
- 01(f)-3-02/2023(P) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-3-02/2023(P) (Mahkamah Persekutuan)
The Federal Court held that s9(1) and s9(2) of the Government Proceedings Act 1956 require the Attorney General's written consent to be procured prior to institution of any suit claiming the listed reliefs and to be sought by two or more persons; the AG has no power to give retrospective consent after proceedings have been instituted nor to cure the absence of the statutory prerequisites; accordingly the AG's consent dated 31.5.2016 was invalid and is quashed, OS 1128 is incompetent and not maintainable, and the High Court decision quashing the impugned consent is reinstated.