JUDGMENT

Celestina Stuel Galid J:

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; [2024] 7 MLJ 537; [2023] 10 CLJ 121.

[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; [2024] 4 MLJ 436; [2024] 7 CLJ 691. 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; [2024] 6 MLJ 121; [2025] 1 CLJ 1; [2024] 8 AMR 673.