Wan Afrah Ibrahim JC:

The first respondent is presently a Chairman of the Industrial Court and is presiding over an employment dispute in the Industrial Court involving the applicant. Before his present appointment he was admitted as an advocate and solicitor of the High Court on 15 December 1995 and remained so until the day of his appointment to his present position on 15 January 2004. The first respondent only commenced practice as an advocate and solicitor on 1 April 1996 and ceased practice on 23 January 2001. However, despite being on the Roll of advocates and solicitors for more than eight years, he was only in actual practice for four years nine months and 22 days (as confirmed by the Malaysian Bar Council). None of these facts are in dispute.

The applicant has now filed an application for judicial review claiming for the following reliefs:

(a) a writ of quo warranto for the purpose of disqualifying the first respondent as a Chairman of the Industrial Court;

(b) a declaration that the appointment of the first respondent, as a Chairman of the Industrial Court by the second and third respondents is null and void and of no legal effect;

(c) an order of mandamus direc