Malaysia Case Law: Decisions & Judgments

Topic

Judicial review grounds: illegality, irrationality, procedural impropriety

Legal area

Court

9 Nov 2023

BUKIT PELALI PROPERTIES SDN BHD 1. ) RIFAIE BIN SABAR 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

Citation

JA-25-10-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-10-03/2022 (Mahkamah Tinggi)

The court dismissed the developer’s judicial review applications. It held that clause 27(2) of the Schedule H SPA means delivery of vacant possession includes handing over of keys and that clause 27(3) only deems delivery where the purchaser fails to take possession within 30 days; on the material before the court the developer itself delayed fixing key handover appointments and relied inconsistently on MCO 2.0, and the developer failed to produce complete tribunal proceedings so review could not succeed; therefore the Tribunal awards for LAD were not irrational and were upheld; costs RM2,000…
4 Jul 2019

SITI DZAHIRAH BINTI HARUN (NO KP: 620108-10-5988) 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) MAYBANK BANKING BERHAD

Citation

WA-25-367-12-2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-367-12-2018 (Mahkamah Tinggi)

The High Court held the Industrial Court did not err: it correctly applied the evidential burden including s.114(g) given the Applicant failed to call the corroborating witness and did not disclose documents to employer; the investigation and opportunity to explain satisfied rules of natural justice; the settlement and Applicant's representations demonstrated pecuniary embarrassment under the employer’s Article 34; accordingly the judicial review application to quash the Industrial Court Award was dismissed with costs RM4,000.00.

Malaysia Case Law

BUKIT PELALI PROPERTIES SDN BHD 1. ) RIFAIE BIN SABAR 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

SITI DZAHIRAH BINTI HARUN (NO KP: 620108-10-5988) 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) MAYBANK BANKING BERHAD