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2023 MarsdenLR 551

HIGH COURT MALAYA KUALA LUMPUR
PHILOMINA FF SILVARI – Appellant
Versus
PENGURUS DAITO ASIA DEVELOPMENT (M) SDN BHD & ANOR – Respondent


Table of Content
1. applicant sought judicial review of industrial court decisions. (Para 1 , 2)
2. applicant's compliance with language requirements was insufficient. (Para 6 , 11 , 12)
3. language of documents in court must comply with specified rules. (Para 13 , 14 , 15 , 17)
4. failure to comply with language laws invalidated judicial review application. (Para 19 , 20)
Amarjeet Singh Serjit Singh J:

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)/

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