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FEDERAL COURT PUTRAJAYA
WRP ASIA PACIFIC SDN BHD – Appellant
Versus
TENAGA NASIONAL BHD – Respondent
| Table of Content |
|---|
| 1. judicial review procedural application (Para 1 , 2 , 3) |
| 2. appellant's business operations and tnb's actions (Para 4 , 5 , 6) |
| 3. public law vs. private law distinction (Para 7 , 8 , 22) |
| 4. legality and validity of tnb's actions (Para 9 , 23 , 24 , 25) |
| 5. criteria for judicial review eligibility (Para 10 , 12 , 14 , 16 , 18) |
| 6. judicial review process and requirements. (Para 11) |
| 7. locus standi and timeliness in judicial review. (Para 13 , 15 , 17) |
| 8. public vs. private law jurisdiction. (Para 19 , 20 , 21) |
[1] Leave was applied for at the High Court by the appellant pursuant to O 53 r 3 of the Rules of the High 1980 (the Rules), for a judicial review of a decision made by Tenaga Nasional Berhad (the respondent), a decision which aggrieved the appellant. The High Court dismissed the leave application. The appellant then filed the relevant appeal to the Court of Appeal but was dismissed too.
[2] Being dissatisfied, the appellant forthwith applied for leave to appeal to the Federal Court, with the question for determination being:
Whether judicial review lies against Tenaga Nasional Berhad to challenge the exercise of its power conferred pursuant to s 38 of the Electricity Su
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