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1998 MarsdenLR 1811

ABDUL MALIK ISHAK
MOO NG – Appellant
Versus
KIWI PRODUCTS SDN BHD JOHOR – Respondent


Advocates:
For the applicant - Gana Muthusamy; M/s Gana Muthusamy & Co For the 2nd respondent - Thavalingam Thavarajah; M/s Shearn Delamore & CoReported by Mariette Peters-Goh & Gan Peng Chiang

JUDGMENT

Abdul Malik Ishak J:

This was an application by way of a Notice of Motion in encl. 2 by the applicant for an order of certiorari to remove into this court for the purpose of quashing the Industrial Court award number 35 of 1997 that was made on 23 January 1997. A judicial review by way of a certiorari must be the best remedy available to the applicant. A judicial review is not an appeal from the decision of the Industrial Court but rather it is a review of the manner in which the decision was made. This court is not entitled on an application for judicial review to consider whether the decision of the Industrial Court itself, on the merits of the facts, was fair and reasonable. I draw support for my views on the prevailing law by reference to passages in the judgments of Lord Hailsham of St. Marylebone L.C. and Lord Brightman in the case of Chief Constable of the North Wales Police v. Evans [1982] 3 All ER 141. Lord Hailsham of St. Marylebone L.C. at pp. 143 to 144 of the judgment succinctly said:

This remedy, vastly increased in extent, and rendered, over a long period in recent years, of infinitely more convenient access than that provided by the old prerogative writs a

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