The language of court documents must comply with O 92 r 1 of the Rules of Court 2012, establishing that documents must be in the national language.

Introduction

[1] At all material times the applicant, Philomina a/p FF Silvari, represented herself whether before me or at the Industrial Court whose awards she is challenging in this judicial review proceedings. She was steadfast in representing herself and had filed all the cause papers in the English Language.

[2] On 31 March 2022, the applicant obtained leave to commence judicial review on an ex parte basis for the following principal reliefs:

(a) an order of certiorari to quash Award No 1564/2021 dated 25 October 2021 rendered in Industrial Court Case No 22/5-1324/21 where an application for a reference to the High Court under s 33A of the IRA was dismissed (the s 33A Award); and

(b) an order of certiorari to quash Award No 455/2021 dated 15 March 2021 in Industrial Court Case No 22(6)/4-557/20 wherein the claim for dismissal without just cause and excuse was dismissed (the Dismissal Award).

[3] On the same day a notice of hearing was issued with a direction to serve all the cause papers and affidavits on the 1st respondent (enclosure 6). Parties attended the first case management on 14 April 2022 before the Deputy Registrar for the purpose of the settling of affidavits and to fix a hearing date for the substantive hearing that is suitable to both parties.

[4] At the hearing of the case management the applicant was informed that the cause papers and affidavits were filed in the English Language and the applicant was given an opportunity to file the same in the National Language before the next case management hearing. The 1st respondent's solicitors were also asked to file a notice of appointment of solicitors and serve the same on the applicant although having filed a notice of appearance.

[5] At the second case management hearing on 28 April 2022 the 1st respondent had complied with the directive of the Deputy Registrar but the applicant had not. Instead, the applicant had on 21 April 2022 filed an application for discovery of documents and for a written mandate from the 1st respondent's solicitors that they are acting for the 1st respondent (enclosure 17). The 1st respondent's solicitors, Messrs Shearn Delamore & Co had on 4 April 2022 entered appearance for the 1st respondent and on 14 April 2022 filed in Court a notice of appointment of solicitors and served the same on the applicant. Therefore, the only relief or lis in encl 17 were the relief for discovery.

[6] In respect of filing the cause papers in the National Language for the purposes of encl 6, the applicant said that she had filed a certificate of urgency on 25 April 2022 (encl 18) and supported by an affidavit affirmed on 29 April 2022 (enclosure 20). It was her view that she was entitled in law to file the cause papers and affidavits in the English Language. The Deputy Registrar, nevertheless gave the applicant another opportunity to file the cause papers in the National Language on or before 13 May 2022.

[7] On 16 June 2022, at the third case management date, solicitors of the 1st respondent informed that the 1st respondent had on 14 June 2022 filed an application to set aside the leave granted on 31 March 2022. The grounds stated in the application to set aside were:

(a) that the applicant had not filed the cause papers and affidavits in the National Language as required by O 92 r 1 of the Rules of 2012 even after being given ample opportunity to do so; and

(b) that this Court has no jurisdiction to hear the challenge against the Dismissal Award as it was not challenged within the stipulated 90 days from the date of the award.

[8] The applicant, on the other hand, compla