BONIFAC LOBO ROBERT V LOBO & ANOR v.TRIBUNAL PENGURUSAN STRATA, PUTRAJAYA & ORS

[2020] 5 MLRA 253
Federal Court, Putrajaya
Rohana Yusuf PCA, Azahar Mohamed CJM, Abang Iskandar Abang Hashim CJSS, Vernon Ong FCJ
[Civil Appeal No: 02(f)-69-08-2018(W)]
Rohana Yusuf PCA, Azahar Mohamed CJM, Abang Iskandar Abang Hashim CJSS, Vernon Ong FCJ

JUDGMENT

Vernon Ong FCJ:

Introduction

[1] As Justice Tan Sri Idrus Harun has since left the Bench and is presently the Attorney General of Malaysia, this judgment is being handed down pursuant to s 78 of the Courts of Judicature Act 1964. This is the unanimous decision of the four remaining Judges of this court. The appeal before us relates to the following questions of law for which leave was granted on 6 August 2018:

Question 1

Whether the rule in Sangram Singh v. Election Tribunal [1955] 2 SCR 1 (applied in Hoh Kiang Ngan v. Mahkamah Perusahaan Malaysia & Anor [1995] 1 MELR 1; [1995] 2 MLRA 435; [1995] 3 MLJ 369; [1996] 4 CLJ 687; [1996] 3 AMR 3693), namely, that an error of law by a public decision maker does not warrant intervention by judicial review in the absence of substantial injustice, extends to a case where the said public decision maker acts in breach of natural justice?

Sign up to view full cases Login