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HIGH COURT MALAYA PULAU PINANG
BALAVENDRIAN ANTHONY – Appellant
Versus
TRIBUNAL PERUMAHAN DAN PENGURUSAN STRATA ZON UTARA & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial review application for certiorari. (Para 1 , 2 , 3 , 4) |
| 2. background facts of the case. (Para 5) |
| 3. applicant's contention on tribunal's conduct. (Para 6) |
| 4. 2nd respondent's opposition to the application. (Para 7) |
| 5. issues for judicial determination. (Para 8) |
| 6. applicable law on judicial review. (Para 9 , 10) |
| 7. interpretation of s 109(3) of sma 2013. (Para 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20 , 21 , 22) |
| 8. error in law by tribunal chairman. (Para 23) |
| 9. denial of witness calling as serious irregularity. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 10. quashing of the award and remittance. (Para 31 , 32) |
Introduction
[1] It is common for a situation to arise where a member presiding over any proceedings in respect of a claim before the Strata Management Tribunal is unable to complete or dispose the proceedings for some reason. This case brings to fore the determination of an issue of the appropriate course of conduct to be taken by another member of the Tribunal who proceeds to then hear the matter.
[2] In this case, the Applicant sought an Order of Certiorari via judicial review proceedings to quash a decision of the 1st Respondent Tribunal
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