[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 Supply Act , 1990 (read together with other relevant sections of the , 1990 thereto and/or applicable regulations pursuant to the Licensee Supply Regulations 1990 thereto)?

[3] The appellant was successful in its application and leave to appeal was granted. We subsequently heard the appeal proper and today is for decision of the appeal.

Background Facts

[4] The appellant runs and operates factories, and manufactures amongst others, disposable latex and synthetic gloves. On information received, the respondent on 14 Novemb