JUDGMENT
Introduction
[1] On 17 October 2025, this court granted the application for judicial review filed by Sabah Law Society ("SLS") under O 53 of the Rules of Court 2012 ("ROC 2012").
[2] This judgment contains this court's reasoning in coming to its decision and is divided into the following sub-topics:
(i) The proceedings at the leave stage;
(ii) Salient background facts;
(iii) What is the 40% Entitlement?;
(iv) The remedies and orders prayed for by SLS;
(v) The respective parties' cases in a nutshell;
(vi) Preliminary issues;
(vii) This Court's decision on the merits (of the application); and
(viii) Conclusion and orders.
The Proceedings At The Leave Stage
[3] SLS' leave application (to commence the judicial review) was opposed by the Federal Attorney-General with the 2nd Respondent being allowed to intervene. Leave was granted by Ismail Brahim J (later JCA) on 11 November 2022 — see Sabah Law Society v. The Government Of The Federation Of Malaysia & Anor [2023] MLRHU 2395.
[4] The grant of leave was appealed against by the 1st Respondent to the Court of Appeal — see Attorney General Of Malaysia v. Sabah Law Society; State Government Of Sabah (Intervener) [2024] 5 MLRA 565. The appeal was dismissed on 18 June 2024.
[5] The 1st Respondent's leave application to appeal to the Federal Court against the Court of Appeal's decision was dismissed on 17 October 2024 — see Attorney General Of Malaysia v. Sabah Law Society [2025] 1 MLRA 17.
Salient Background Facts
[6] SLS is an entity established under Sabah Advocates Ordinance (Sabah Cap 2). Although its standing to bring the present judicial review was challenged by the 1st Respondent, this issue has been put to rest by the Federal Court which held that SLS has threshold locus standi to do so — see Attorney General of Malaysia v. Sabah Law Society.