HIGH COURT MALAYA IPOH
THEAN HEONG SAUCE MAKER – Appellant
Versus
INDUSTRIAL COURT MALAYSIA & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial review standards. (Para 18 , 19 , 21) |
| 2. reasonableness in decision-making. (Para 22 , 28 , 30) |
[18] The Federal Court in Ranjit Kaur S Gopal Singh v. Hotel Excelsior (M) Sdn Bhd; [2010] 5 MLRA 696; [2010] 6 MLJ 1; [2010] 8 CLJ 629; [2011] 3 AMR 38, which followed the earlier Federal Court case of R Rama Chandran v. Industrial Court Of Malaysia & Anor; [1996] 1 MLRA 725; [1997] 1 MLJ 145; [1997] 1 CLJ 147; [1997] 1 AMR 433 has made it clear that in a judicial review application, the High Court may review the decision-making process of the inferior tribunal, such as the Industrial Court , on grounds of illegality, irrationality and proportionality, which permit the courts to scrutinise the decision not only for process but also for substance.
[19] This Court is mindful of the caution expressed by His Lordship Lee Swee Seng JCA in Ng Chang Seng v. Technip Geoproduction (M) Sdn Bhd & Anor; [2021] 1 MLRA 261; [2021] 1 MLJ 447; [2021] 1 CLJ 365 CA that "while the distinction between a review and an appeal may now be blurred it is not banished altogether where the challenge to the inferior tribunal's decision is based on illegality, irra
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.