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PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR
Federal Court, Putrajaya
Azahar Mohamed (Now CJM), Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh, Idrus Harun, Nallini Pathmanathan FCJJ
[Civil Appeal No: 02(f)-70-08-2018 (P)]
21 October 2019
[2019] 6 MLRA 307

JUDGMENT

Alizatul Khair Osman Khairuddin FCJ:

Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal dated 5 December 2018, affirming the decision of the Penang High Court dated 25 April 2017 which allowed the respondent's application for judicial review to quash the decision of the 1st appellant. The High Court held that the failure by the appellants to give the respondent a reasonable opportunity of being heard as required by s 16(4) of the Local Government Act 1976 ("LGA") and reg 29(1) of the Public Officers (Conduct and Discipline) Municipal Council of the Province Wellesley Regulations 1995 ("1995 Regulations") rendered the 1st appellant's decision to dismiss the respondent from his employment unsustainable in law.

[2] The appeal was by leave granted by this court on 6 August 2018. The questions of law reserved for our determination are as follows:

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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