Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Public law v private law

Legal area

Court

13 Dec 2022

NORASLINDA BINTI MOHAMED ISMAIL UNIVERSITI TEKNOLOGI MALAYSIA

Citation

JA-25-15-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-15-04/2022 (Mahkamah Tinggi)

The applications for leave were dismissed because the court found the dispute to be a private contractual matter between the applicants and UTM lacking the requisite public law element, the applicants failed to establish an arguable case for judicial review, and the use of Order 53 was misconceived and constituted an abuse of process.
BEATRICE A/P FERNANDEZ V SISTEM PENERBANGAN MALAYSIA & ANOR

Citation

BEATRICE A/P FERNANDEZ V SISTEM PENERBANGAN MALAYSIA & ANOR
Court

Malaysian court

Article 8 protections require State or public authority action; a collective agreement is a private contract not 'law' under Article 8; the appellant failed to prove the employer was a public authority; Article 8(2) did not cover gender at the relevant time; Employment Act provisions relied on were not applicable — therefore the collective agreement and termination were not unconstitutional or void.