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2023 MarsdenLR 1995

HIGH COURT SABAH & SARAWAK KOTA KINABALU
SABAH LAW SOCIETY – Appellant
Versus
THE GOVERNMENT OF THE FEDERATION OF MALAYSIA & ANOR – Respondent


Petitioner Advocates:David Fung,Jeyan T M Marimutthu ,Respondent Advocate: Suzana Atan

Ismail Brahim J:

[1] This is an application for leave by Sabah Law Society's (SLS) for judicial review of The Government of the Federation of Malaysia's decision and for the remedies of certiorari declaration, mandamus, and payment of entitlement and/or constitutional damages under ROC 2012, O 53 r 3(2).

[2] The decision is contained in a Federal Government Gazette publication dated 20 April 2022; the respondent published an order "The Federal Constitution (Review Of Special Grant Under art 112D) (State Of Sabah) Order 2022" ('review order 2022').

[3] The application for leave was opposed by the Federal AG (AG). The second respondent was also heard at this leave hearing after they were allowed to intervene. After hearing the submissions of the parties, I allowed the application for leave, as I am of the view that there are merits in the applicant's arguments that they have the locus standi to institute the JR application and that they have also shown that they are entitled to commence the judicial review as a public interest litigation.

[4] The facts leading to this application have been sufficiently set out by the applicant in the cause papers and they are hardly any dispute to the

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