8 Jan 2020
BX POSCO COLD ROLLED SHEET CO. LTD. (Chinese Registration No: 91210500717851072U) 1. MINISTER OF FINANCE 2. MINISTRY OF FINANCE 3. MINISTER OF INTERNATIONAL TRADE AND INDUSTRY 4. MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY 5. DIRECTOR GENE
- Citation
- WA-25-162-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-162-04/2019 (Mahkamah Tinggi)
The judicial review is allowed because the respondents admitted the IA miscalculated by deducting ocean freight from FOB, and the export price used was not the price actually paid by the Malaysian importer as required by section 17 CADD 1993 and WTO rules; that error rendered the recommendation and the Minister of Finance's decision ultra vires and irrational, and the 3rd respondent's signing before the final report constituted pre-judgment.