The appeal was dismissed, affirming that judicial review remedies are discretionary and not granted ex debito justitiae without substantial injustice.

Vernon Ong FCJ:

Introduction

[1] As Justice Tan Sri Idrus Harun has since left the Bench and is presently the Attorney General of Malaysia, this judgment is being handed down pursuant to s 78 of the Courts of Judicature Act 1964 . This is the unanimous decision of the four remaining Judges of this court. The appeal before us relates to the following questions of law for which leave was granted on 6 August 2018:

Question 1

Whether the rule in Sangram Singh v. Election Tribunal [1955] 2 SCR 1 (applied in Hoh Kiang Ngan v. Mahkamah Perusahaan Malaysia & Anor, 1995 MarsdenLR 933 ), namely, that an error of law by a public decision maker does not warrant intervention by judicial review in the absence of substantial injustice, extends to a case where the said public decision maker acts in breach of natural justice?

Question 2

Where judicial review is declined based upon the decision of the High court in a connected matter which decision is reversed on appeal, is the applicant seeking judicial review entitled to judgment in his favour ex debito justitiae?

Salient Facts

[2] The background facts which led to the granting of leave to appeal to the Federal court on the two questions of law are as follows.

[3] The 1st appellant (Mr Lobo) brought an action in the High court for judicial review to quash a decision of the Strata Management Tribunal established under the Strata Management Act 2013 ( SMA 2013) on the grounds that the Tribunal had breached the rules of natural justice in hearing and determining the 1st appellant's claim.

[4] Mr Lobo is a proprietor of a parcel in a strata development known as Silverpark Resort, Fraser Hill ('the Resort'). In October 2014 Mr Lobo was elected as Chairman of the Joint Management Committee (JMC) which comprised four other elected committee members. The JMC is the executive arm of the Joint Management Body (JMB) of the Resort.

[5] By November 2014, three of the four committee members had resigned. Three other proprietors were subsequently appointed to replace those who had resigned. However, in May 2015 all the four committee members resigned leaving Mr Lobo alone on the JMC.

[6] At an extraordinary general meeting of the JMB on 13 June 2015 ('the EGM') the 3rd to 9th respondents were elected as committee members of the JMC. Mr Lobo took the position that the EGM was unlawful and invalid.

[7] At the end of June 2015, a legal firm purporting to act for the JMB demanded from the 10th respondent ('the building manager') that he deliver up the assets, books and records of the JMB. Mr Lobo also wrote to the building manager informing that his employment with the JMB had ceased with effect from 1 June 2015.

[8] On 9 July 2015, the new JMC (comprising the 3rd to 9th respondents) filed an action at the High court (OS 1047) against Mr Lobo for declarations that: (i) the resolutions and actions taken by the JMC during the period that its composition was below the statutory minimum were invalid and unlawful, and (ii) the JMC elected at the EGM was lawfully and validly elected.

[9] On 14 July 2015, Mr Lobo filed a claim under the SMA 2013 in the Strata Management Tribunal (the 1st respondent) (the Tribunal) against the 3rd to 10th respondents seeking relief, amongst others, that the EGM where the JMC was elected was invalid. The Tribunal hearing was scheduled to commence on 11 January 2016.

[10] The hearing of OS 1047 proceeded and on 30 December 2015 the High court granted several declaratory orders which inter alia, included the declarations sought (see items (i) and (ii) of para [8] above). The High court order was reversed by the court of Appeal on 22 January 2018; leave to appeal to the Federal court was refused.

[11] On 11 January 2016, the proceedings commenced before the Tribunal presided by the 2nd respondent ('the President') where Mr Lobo argued his claim. However, the proceedings in the Tribunal was adjourned as Mr Lobo applied for an interlocutory order in Form 14 of the SMA 2013 to cancel the