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2024 MarsdenLR 23

COURT OF APPEAL PUTRAJAYA
ATTORNEY GENERAL OF MALAYSIA – Appellant
Versus
SABAH LAW SOCIETY; STATE GOVERNMENT OF SABAH (INTERVENER) – Respondent


Petitioner Advocates:Shamsul Bolhassan,Ahmad Hanir Hambaly @ Arwi,Krishna Priya Veenagopal @ Venugopal ,Respondent Advocate: David Fung Yin Kee,Jeyan Marimuttu,Janice Junie Lim

JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] The appeal before us is by the Federal Attorney General (AG) against the decision of the High Court under O 53 of the Rules of 2012 to grant leave to commence a judicial review application. The applicant is the Sabah Law Society (SLS), which is a body set up under the Sabah Advocates Ordinance (Sabah Cap 2). The putative respondent in the judicial review leave application is the Federal Government (intituled as the Government of the Federation of Malaysia). The AG was served with the judicial review leave application not in his capacity as a respondent, but because O 53 r 3(3) of the Rules of 2012 requires it. However, at the outset, the State Government of Sabah, through its then counsel, who is a private practitioner, applied successfully to intervene as a party. Consequently, the Sabah Government was added as the 2nd respondent. Thus, both Senior Federal Counsel (SFC), who represented the AG, and counsel for the Sabah Government, appeared at the judicial review leave hearing in the High Court and presented arguments.

[2] Leave was granted by the High Court to commence the judicial review application. The AG, who had objected to

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