Gopal Sri Ram JCA:

[1] This case essentially involves a point of procedure in judicial review proceedings. It is nevertheless an important case. Because it also concerns the amenability to judicial review of the several entities created by the Pengurusan Danaharta Nasional Berhad Act 1998 ("the Danaharta Act").

[2] For present purposes, the facts here fall within a narrow compass. They are set out in a succinct form by the learned judge in his judgment which is reported in [2003] 7 CLJ 205. It suffices to reproduce an extract from the headnote of the case which accurately reproduces the learned judge's appreciation of the facts:

The applicants were three of the four directors of Tang Kwor Ham Realty Sdn Bhd, ('the company'), and held a total of 60% of the shares therein. The first respondent ('Danaharta') was a company incorporated under the Companies Act 1965, while the second, third and fourth respondents ('the special administrators') were special administrators appointed by Danaharta under the Pengurusan Danaharta Nasional Berhad Act 1998 ('the Danaharta Act'). The fifth respondent was an independent adviser appointed by Danaharta under the Danaharta Act, while the company