The test of locus standi for judicial review permits claims from parties adversely affected, promoting transparency while balancing public interest and confidentiality.

[1] This appeal centres on the test of locus standi as propounded by the then Supreme Court in Government Of Malaysia v. Lim Kit Siang & Another Case, 1988 MarsdenLR 802 . Leave to appeal was given by this Court on 30 January 2013 for the appellants to appeal against the majority decision of the Court of Appeal dated 25 February 2011 wherein the respondents' appeal against the entire decision of the learned Judicial Commissioner dated 28 June 2010 was allowed.

[2] The issue is put before this Court in the form of the following question:

"Whether the test of locus standi propounded by the Supreme Court in Government Of Malaysia v. Lim Kit Siang & Another Case, 1988 MarsdenLR 802 , ie that an applicant must establish infringement of a private right or the suffering of special damage still applies to application for judicial review, and to what extent, in light of the present O 53 r 2(4) of the Rules of the High 1980".

Background Facts

[3] Historically, until 15 March 2002, the Selangor Water Supply Department had been responsible for the distribution and treatment of water for the State of Selangor. On 15 March 2002, however, these services were privatised whereby the distribution and treatment components were separated. The distribution aspect was taken over by Perbadanan Urus Air Selangor Bhd ("PUAS") while the treatment aspect was taken over by a consortium comprising Puncak Niaga (M) Sdn Bhd ("Puncak Niaga"), Konsortium Abass Sdn Bhd and Syarikat Pengeluar Air Sungai Selangor Sdn Bhd ("SPLASH").

[4] PUAS suffered a loss of about RM2 billion and was unable to meet its commitments. The Government of the State of Selangor asked for financial aid from the Federal Government, but the request was rejected.

[5] In September 2004 it was announced that Syarikat Bekalan Air Selangor Sdn Bhd ("SYABAS") would take over PUAS and the Federal Government would provide financial assistance of RM2.9 billion to SYABAS. At this juncture Puncak Niaga held 70% interest in SYABAS, whilst Kumpulan Darul Ehsan Berhad, a company owned by the Selangor Economic Development Corporation, held the remaining 30%.

[6] On 15 December 2004 the Government of the State of Selangor, the Federal Government and SYABAS entered into a tripartite agreement ('the concession agreement') whereby SYABAS was granted a 30-year concession to supply treated water to the State of Selangor and the Federal Territory, according to the water tariffs provided therein. Under the concession agreement, SYABAS was entitled to increase the water tariffs if it managed to achieve a 5% reduction in the non-revenue water.

[7] Subsequently, SYABAS applied for an increase of the water tariffs by 15%. This increase in water tariffs was based on an audit report, which allegedly confirmed that SYABAS had achieved a 5% reduction in the non-revenue water. Sometime in October 2006 the Minister had announced that SYABAS had met the performance target and was eligible to a 15% increase in water tariffs with effect from 1 November 2006.

[8] The Malaysian Trade Union Congress ("MTUC"), a society of trade unions, applied to the Minister for a copy of the concession agreement and the audit report justifying the 15% i