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2023 MarsdenLR 604

HIGH COURT MALAYA KUALA LUMPUR
HOA SEN GROUP – Appellant
Versus
MENTERI KEWANGAN & ORS – Respondent
[Judicial Review Application No: WA-25-10-01/2021]



Petitioner Advocates:Jason Teoh Choon Hui,Balqis Mohd Nor ,Respondent Advocate: Nik Isfahanie Tasnim Wan Ab Rahman

Natural justice requires that decision-makers provide sufficient reasoning and disclose essential facts to affected parties.

Headnote:Judicial review application seeking to quash anti-dumping duties imposed on Flat Rolled Products of Non-Alloy Steel. The Court found breaches of natural justice by failing to disclose key documents which distorted the evaluation process. The Court ruled that the conditions for a fair hearing were not met, thus granting certiorari to quash the decisions and awarding costs.

Table of Content
1. application for judicial review to quash anti-dumping duties imposed. (Para 1)
2. judicial review grounds include illegality, irrationality, and procedural impropriety. (Para 26 , 27 , 28 , 29 , 30)
3. natural justice requires the disclosure of essential facts to the affected parties. (Para 33 , 34 , 35 , 36)
4. the court allowed the application due to failures in natural justice. (Para 66 , 67)
Ahmad Kamal Md Shahid J:

Introduction

[1] The Applicant filed an application for judicial review (encl 106) under O 53 of the Rules of 2012 (ROC) to seek the following reliefs:

(i) to apply for an order of certiorari to quash the decision of the Government of Malaysia to impose anti-dumping duties at the rate of 16.55% on Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from Hoa Sen Group of the Socialist Republic of Vietnam from 12 December 2020 to 11 December 2025 as set out in the Customs (Anti-Dumping Duties) (No 3 Order 2020 PU(A) 348 signed by the Minister of Finance;

(ii) to apply for an order of certiorari to quash the final determination of the Government of Malaysia that a dumping margin exists with regard to Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from The People's Republic of China, The Republic of Korea and The Socialist Republic of Vietnam and the domestic industry producing the like products has suffered material injury by reason of the importation of the subject merchandise into Malaysia and to impose anti-dumping duties at the rate of 16.55% or Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from Hoa Sen Group of the Socialist Republic of Vietnam from 12 December 2020 to 11 December 2025 as set out in the Notice of Affirmative Final Determination with regard to the imports of Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from The People's Republic of China, The Republic of Korea and The Socialist Republic of Vietnam PU(B) 679 signed by the Minister of International Trade and Industry;

(iii) to apply for an order of certiorari to quash the decision of the Minister of Finance to impose anti-dumping duties at the rate of 16.55% on Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from Hoa Sen Group of The Socialist Republic of Vietnam from 12 December 2020 to 11 December 2025 as set out in the Customs (Anti-Dumping Duties) (No 3 Order 2020 PU(A) 348, following the recommendation of the Minister of International Trade and Industry;

(iv) to apply for an order of certiorari to quash the final determination of the Minister of Finance that a dumping margin exists with regard to Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from The People's Republic of China, The Republic of Korea and The Socialist Republic of Vietnam and the domestic industry producing the like products has suffered material injury by reason of the importation of the subject merchandise into Malaysia and to impose antidumping duties at the rate of 16.55% on Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from Hoa Sen Group of The Socialist Republic of Vietnam from 12 December 2020 to 11 December 2025 as set out in the Notice of Affirmative Final Determination with regard to the imports of Flat Rolled Products of Non-Alloy Steel Plated or Coated with Aluminium and Zinc originating or exported from The People's Republic of China, The Republic of Korea and The Socialist Republic of Vietnam PU(B) 679 signed by the Minister of International Trade and Industry, following the recommendation of the Minister of International Trade and Industry;

(v) an order to stay any proceedings, enforcement actions, administrative actions, statutory actions and/or any proc

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