HIGH COURT MALAYA, MELAKA
TANG KWOR HAM – Appellant
Versus
PENGURUS DANAHARTA NASIONAL BHD & ORS (NO 2) – Respondent
JUDGMENT
Low Hop Bing J:
Application
[1] Before me is the notice of motion in encl. (33) filed by applicants 2 and 3 (collectively, "the applicants") seeking the following reliefs:
(1) that I be recused from hearing the substantive notice of motion in encl (23) ("the substantive motion") seeking, inter alia, certiorari ;
(2) that respondents 1 to 5, jointly and severally, pay to the applicants all the costs in encl (33); and
(3) such other reliefs as the court deems fit.
Grounds Of Application
[2] As closely as possible, I shall adhere to the gist of the grounds stated by the applicants' solicitors in encl (33). These grounds are:
(1) I have in my judgment in Tang Kwor Ham & Ors v. Pengurusan Danaharta Nasional Bhd & Ors[2003] 2 MLRH 601, [2003] 4 MLJ 332 decided as follows:
In my view, having regard to the factual background as alluded to above, as apparent from the affidavits and statement of the applicants, I hold that in relation to this application for judicial review, there is no arguable case.
("my judgment");
(2) I have personal (own or self) interest in that the success of the substantive motion would constitute a "repudiation of" my judgment; conversely its failure (on the basis of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.