Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory appeal

  • 21 Feb 2022

    PA-25-38-07/2021 (Mahkamah Tinggi)

    Citation
    PA-25-38-07/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-25-38-07/2021 (Mahkamah Tinggi)

    The court refused extension of time because the applicant failed to show good reason for delay under Order 53 r.3(6)-(7), therefore the court lacked jurisdiction to hear the leave application; alternatively, R1 and R2 decisions were not final and were subject to statutory appeal to the Special Commissioners of Income Tax, and no very exceptional circumstances (abuse of power, lack of jurisdiction or breach of natural justice) were established to bypass the statutory appeal; accordingly leave and stay were refused and the JR application dismissed with costs.

  • 22 Mar 2021

    KANAGASUNDARAM A/L SUPPIAH PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN

    Citation
    WA-25-60-01/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-25-60-01/2020 (Mahkamah Tinggi)

    Application dismissed because it was brought against the wrong defendant (no decision by the named Respondent), the applicant failed to exhaust the statutory appeal under section 418 NLC (no exceptional circumstances shown), and there was no arguable case since applicant was an unlawful occupier barred from acquiring title by s48 NLC and s425 criminalises such occupation; evidence of utilities or unproduced licence did not establish lawful right.