12 Sept 2023
1. ) FIVE STAR HERITAGE SDN BHD 2. ) XXXX 1. ) XXXX 2. ) Ho Choon Teik
- Citation
- 02(f)-6-02/2023(P) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-6-02/2023(P) (Mahkamah Persekutuan)
The Attorney General's written consent under s9(1) of the Government Proceedings Act 1956 must be obtained before a suit is instituted and must be sought by two or more persons as required by the statute; the AG has no discretion to grant retrospective consent to validate a suit already instituted, and non‑compliance with these mandatory requirements renders the suit incompetent and not maintainable; accordingly the AG's consent dated 31.5.2016 was invalid and is quashed and the High Court's orders in the judicial review were correctly granted.