2018

2017

Cases

BAR COUNCIL MALAYSIA v. TUN DATO' SERI ARIFIN ZAKARIA & ORS AND ANOTHER APPEAL; PERSATUAN PEGUAM-PEGUAM MUSLIM MALAYSIA (INTERVENER)
Federal Court, Putrajaya
Hasan Lah, Zainun Ali, Ramly Ali, Balia Yusof Wahi, Aziah Ali, Alizatul Khair Osman Khairuddin FCJJ
[Civil Reference Nos: 06(f)-1-01-2018(W) & 06(f)-5-02-2018(Q)]
24 September 2018
[2018] 5 MLRA 345

JUDGMENT

Zainun Ali FCJ:

Introduction

[1] These references of constitutional questions under s 84 of the Courts of Judicature Act 1964 raise the issue of whether the appointments of the 2nd respondent and the 3rd respondent as the Chief Justice of Malaysia and the President of the Court of Appeal respectively, after their mandatory retirements, are valid and constitutional.

[2] In Civil Reference No: 06-01-2018(W), the applicant is the Bar Council who represents the advocate and solicitors in West Malaysia. In Civil Reference No. 06(f)-5-02-2018(Q), the applicant, the President of the Advocates Association of Sarawak, represents the advocates in Sarawak.

[3] Pursuant to an Order of the High Court at Kuching dated 23 March 2018 inter alia, the Sabah Law Society was permitted to appear as amicus curiae at the hearing of the Reference No: 06-5-02-2018(Q). Motion for intervener was filed on 13 December 2017 by the Muslim Lawyers Association in the suit filed by the Bar Council. Leave to intervene was allowed by the High Court at Kuala Lumpur.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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