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HIGH COURT MALAYA, KUALA LUMPUR
GODFREY PHILIPS (MALAYSIA) SDN BHD – Appellant
Versus
TIMBALAN KETUA PENGARAH KESIHATAN (KESIHATAN AWAM) KEMENTERIAN.... – Respondent
| Table of Content |
|---|
| 1. applicant seeks judicial review orders. (Para 1 , 2) |
| 2. facts regarding tobacco product approval. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's concern with enforcement issues. (Para 15 , 16 , 17 , 18 , 19) |
| 4. legal framework for judicial reviews. (Para 20 , 21 , 22) |
| 5. difference between stay and quashing orders. (Para 23 , 24 , 25 , 26 , 28) |
| 6. public health consideration in judicial review. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
Introduction
[1] The applicant seeks leave of the court for the following orders:
(a) an order of certiorari to move into this Honourable court for the purposes of quashing the decision of the respondent dated 21 January 2010 which, inter alia , refuses the applicant's declaration of 18 January 2010, (pursuant to reg. 8A(1)(b) of the Control of Tobacco Product Regulations 2004 , as amended by the Control of Tobacco Product (Amendment) (No. 2) Regulations 2009 ) of the retail selling price for their new tobacco product (ie, the L&M 21's tobacco product);
(b) an order of mandamus directed at the respondent to recognize and give effect to the applicant's declaration of 18 January 2010 (pursuan
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