3 Feb 2021
SUBRAMANIAM A/L LETCHIMANAN (NO. K/P: 680618-08-5993) THE UNITED STATES OF AMERICA
- Citation
- W-01(A)-66-01/2020 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-66-01/2020 (Mahkamah Rayuan)
The Court of Appeal held the High Court erred in quashing the Minister's s.20(3) referral: the question whether restrictive sovereign immunity applies is a mixed question of fact and law requiring fact-finding by the Industrial Court; the Minister correctly referred the unresolved dispute because it raised serious issues for adjudication; delay did not justify quashing the reference absent demonstrated prejudice; therefore the Industrial Court must be allowed to determine jurisdictional immunity as a preliminary issue.