Malaysia Case Law: Decisions & Judgments

Topic

Natural justice and procedural fairness

Legal area

Court

25 Jul 2024

MOHD AZAM BIN AB RAZAK 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) KETUA POLIS NEGARA, MALAYSIA 3. ) KETUA POLIS NEGERI PERAK 4. ) Kerajaan Malaysia

Citation

DA-25-4-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-25-4-02/2023 (Mahkamah Tinggi)

The court held the judicial review applications lacked merit because restriction orders under s6(3) of the Dangerous Drugs (Special Preventive Measures) Act 1985 are legally distinct from detention orders under s6(1); therefore mandatory requirements applicable to detention orders (written reasons, provision of recorded statements and advisory board representation) do not apply to restriction orders, respondents' affidavits provided sufficient basis for ministerial satisfaction, and several issues raised were previously adjudicated (res judicata); accordingly the applications were dismissed.
8 Nov 2023

GEORGIANA CHAI SIAW VUN LEKAMAS SDN BHD

Citation

AA-16A-2-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-16A-2-02/2023 (Mahkamah Tinggi)

The High Court affirmed the Industrial Court: the Appellant admitted negligence and assent to repayment arrangements; documentary and testimonial evidence supported salary deductions, demotion and disciplinary steps; allegations of victimization and constructive dismissal were unproven and amounted to afterthoughts; there was no fundamental misdirection or 'plainly wrong' factual finding warranting interference, therefore the appeal is dismissed without costs.
5 Jan 2023

FAR EAST KUCHAI DEVELOPMENT SDN BHD STRATEGIC CHAMP SDN BHD

Citation

WA-24C-182-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-182-09/2022 (Mahkamah Tinggi)

The court held that the adjudicator had jurisdiction, took into account the respondent's submissions and evidence, and did not breach natural justice by refusing further submissions; errors alleged amounted to merits challenges not permissible in a s15 challenge; consequently the set-aside application (OS 182) was dismissed and the enforcement application (OS 178) was allowed pursuant to s28 CIPAA.
30 Dec 2022

SIGMA ELEVATOR (M) SDN. BHD. PEMBINAAN YUEN SENG SDN BHD

Citation

WA-24C(ARB)-28-07/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-28-07/2022 (Mahkamah Tinggi)

The High Court found the Arbitrator had considered the evidence and contract terms relevant to the disputed variation orders and the claimed sum; there was no established breach of natural justice or jurisdictional excess within s37 AA 2005 that would justify setting aside the Award; therefore the Award is to be recognised and enforced and the application to set it aside dismissed.
28 Jan 2022

W-01(A)-354-07/2019 (Mahkamah Rayuan)

Citation

W-01(A)-354-07/2019 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-354-07/2019 (Mahkamah Rayuan)

Industrial Court's factual findings that appellant failed to disclose ownership/position in RSA, was untruthful in the investigative interview, and had placed herself in pecuniary embarrassment were supported by evidence and not vitiated by legal error; absence of a domestic inquiry did not render dismissal unlawful where misconduct was proven de novo; High Court correctly refused judicial review and Court of Appeal affirms dismissal and costs.
7 Sept 2021

RATNAKUMAR A/L SUBERAMAMAN AUREUMAEX INDUSTRIES (M) SDN. BHD. [COMPANY NO.: 41443-X]

Citation

JB-22NCVC-48-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-48-10/2020 (Mahkamah Tinggi)

The strike-out application was dismissed because the pleadings were not plainly and obviously unsustainable; disputed facts and legal points could not be resolved on affidavit; there exist serious and triable issues concerning procedural fairness and the validity of dismissal that require a full trial.
24 Dec 2020

DEKINJAYA BUILDER SDN BHD CHONG LEK ENGINEERING WORKS SDN BHD

Citation

WA-24C-134-06/2020 & WA-24C-58-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-134-06/2020 & WA-24C-58-03/2020 (Mahkamah Tinggi)

The High Court refused to set aside the adjudication decision because DB failed to establish any of the limited grounds in s.15 CIPAA: the payment claim was not premature, the adjudicator provided adequate reasons when read contextually, he addressed DB's allegations (fraud, ownership, termination) and there was no denial of natural justice in declining an oral hearing; accordingly OS1 was dismissed and OS2 (enforcement) was allowed and the Decision was enforced with costs.
4 Sept 2020

1. ) MEI HE DEVELOPMENT SDN BHD 2. ) EOSH INDUSTRIES SDN BHD 1. ) EOSH INDUSTRIES SDN BHD 2. ) MEI HE DEVELOPMENT SDN BHD

Citation

WA-24C-27-01/2020 & WA-24C-45-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-27-01/2020 & WA-24C-45-02/2020 (Mahkamah Tinggi)

The Court held there was no breach of natural justice and no excess of jurisdiction: the Adjudicator had considered the bad faith and withholding arguments and explained why an oral hearing and witnesses were unnecessary given the written material; s35 precluded conditional payment/set-off arguments affecting EOSH's entitlement; accordingly the Setting Aside and Stay applications were dismissed and the Enforcement application was allowed, with costs ordered against MHD.
1 Jan 1900

1. LIM BOON LIN (NO. K/P: 540821-09-2017) 2. OOI TIANG KHOON (NO. K/P: 500111-07-5031) 3. PHE SEAK KEE (NO. K/P: 391209-07-5259) 4. PUNG CHOON SONG (NO. K/P: 530807-07-5037) 5. GOH KIM LENG (NO. K/P: 541021-07-5717) Sebagai pemegang-pemegan

Citation

PA-25-18-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-25-18-04/2019 (Mahkamah Tinggi)

The judicial review was dismissed because the Attorney General lawfully granted consent: he was entitled to make a prima facie determination that the indenture created a charitable trust, that the applicants were interested parties and that an issue existed; the AG was not required to determine merits or consult trustees; the JR was also academic and precluded by the prior OS decision and principles of res judicata/issue estoppel.