JUDGMENT

Kamardin Hashim JCA:

Introduction

[1] This is an appeal by the Appellant/Applicant against the decision of the High Court at Penang in dismissing the Appellant/Applicants judicial review application under O 53 of the Rules of 2012 (ROC 2012). Leave to commence judicial review proceedings was earlier granted by the same Court on 28 September 2016, which was affirmed by this Court (see: Peguam Negara Malaysia v. Chin Chee Kow (as secretary of Persatuan Kebajikan dan Amal Liam Hood Thong Chor Seng Thuan), [2019] 1 MLJ 307 ).

[2] The Appellant/Applicants judicial review proceedings was directed against the refusal of the Respondent to give consent under s 9 of the Government Proceedings Act 1956 (the Act) to initiate a proceeding for the purpose of appointing an additional or a new trustee in the public charitable trust of Liam Hood Thong Chor Seng Thuan Pulau Pinang (the Association).

[3] We heard the Appellant/Applicants appeal on 18 June 2020 wherein at the end of it, after hearing the parties and taking into consideration the written and oral submissions, we dismissed the appeal and affirmed the decision of the High Court. We now give our reason in doing so.

[4] For ease of