SERUAN GEMILANG MAKMUR SDN BHD vs PEGAWAI KEWANGAN NEGERI PAHANG

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 542

COURT OF APPEAL PUTRAJAYA
SERUAN GEMILANG MAKMUR SDN BHD – Appellant
Versus
PEGAWAI KEWANGAN NEGERI PAHANG – Respondent

Table of Content
1. the judicial review process and its procedural timelines are crucial in determining rights. (Para 1 , 2 , 3)
2. arguments for application extensions hinge on the justiciability and prior judgments. (Para 18 , 19 , 20 , 21)
3. the final conclusion supports the appellant's opportunity for judicial review relief. (Para 43)

Mohd Zawawi Salleh JCA:

Introduction

[1] This appeal is directed against the decision of the High Court in Kuantan (Mariana Yahya J presiding) dated 3 October 2013 dismissing the appellant's application for an extension of time to apply for leave to commence judicial review proceedings.

[2] This appeal is concerned with whether time should be extended to apply for leave for judicial review. However, strictly speaking, this is a side show. The main show is the application for leave to apply for an order of mandamus against the respondent, directing the respondent to make payment of the judgment sum in favour of the applicant as stipulated in the certificate issued pursuant to s 33 of the Government Proceedings Act 1956 dated 7 March 2008 in the original suit. On 7 April 2008, the certificate was served on the State Legal Advisor acting on behalf of the

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2016 MarsdenLR 542

COURT OF APPEAL PUTRAJAYASERUAN GEMILANG MAKMUR SDN BHD – AppellantVersusPEGAWAI KEWANGAN NEGERI PAHANG – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
SERUAN GEMILANG MAKMUR SDN BHD – Appellant
Versus
PEGAWAI KEWANGAN NEGERI PAHANG – Respondent