JUDGMENT

Anselm Charles Fernandis J:

Introduction

[1] This is an application by the Defendants under O 33 rr 2 and 5 Rules of (Encl 48). It requires this Court to determine the following preliminary issues:

(a) Whether the SJK(C) Pay Fong 1 Melaka Board of Governors (the Board) is a legal entity under ss 2 and 53 of the Education Act 1996 ( EA 1996) with the legal capacity to sue or be sued in this case; and

(b) If the answer is in the negative, whether the Attorney General (AG) could, by consent granted under s 9(1) of the Government Proceedings Act 1956 ( GPA 1956), confer such a legal capacity on it if none exist sunder the law.

Relevant Cause Papers

[2] The relevant cause papers for the purpose of the application are as follows:

(a) Plaintiffs'Amended Writ redated 6 January 2021 and the Amended Statement of Claim redated 5 January 2021 ("Plaintiffs' Statement of Claim" ie the original action) - Enclosure 34;

(b) Defendants' Reamended Statement of Defence and Reamended Counterclaim redated 26 March 2021 (Defendants' Statement of Defence and Counterclaim") - Enclosure 45;

(c) Plaintiffs Reamended Reply and Reamended Statement of Defence to Defendants' Reamended Counterclaim redated