Mahadev Shankar JCA:

Compelling arguments have been made to us by Counsel for both parties, on whether or not a decision made by the respondent could and should be subject to judicial review.

The scope of these arguments, the complexity of the issues raised, and the multitude of Malaysian and Commonwealth authorities cited have all forced us to take some time to finalise this judgment.

Our hope is that it will help to clear some doubts on important points of public law.

History

Syarikat Bekerjasama-sama Serbaguna Sungai Gelugor Dengan Tanggungan Berhad (the appellant) is a Co-operative Society registered under the Cooperative Societies Act 1948. The appellant owned the land comprised in Lot 006099 Mk. 13 D.T.L. Sungai Gelugor, Pulau Pinang (the said land) (p 1 of appeal record). The said land was 1.9 acres in area and had road frontage along Jalan Helen Brown.

On 22 March 1987 the appellant's members decided at an annual general meeting (AGM) that low-cost flats should be built on the said land (p 652 of the appeal record) to be sold to the appellant's members or their dependents.

Mr. Lawrence Loh (the architect) was engaged to process the necessary documentation and plans, which