Mohd Ghazali Yusoff JCA:

This is an appeal against the decision of the High Court, Johor Bahru wherein the appellant's application for the issue of orders of certiorari and mandamus were refused. The background leading to the application is as follows:

By letter dated 20 March 1998, Messrs Yeo & Chin, a legal firm acting on behalf of the appellant (hereafter referred to as the appellant's solicitors") requested the respondent, the Securities Commission to appoint an independent auditor pursuant to s. 53 of the Securities Industry Act 1983 ("the Act"). It was stated therein that the appellant is the holder of "trading accounts 3SE035, 8SE035 and 2 AM033 (AMIM margin facility account #2000-000886-9, opened since December 1992)" with JB Securities Sdn Bhd ("JBSSB"), a stockbroking company (hereafter referred to collectively as "the said trading accounts"). The appellant claimed she discovered irregularities in the said trading accounts and hence request that the respondent appoint an independent auditor to audit JBSSB and Arab-Malaysian Merchant Bank Berhad's ("AMIM") "books, accounts, records and particularly amendment of contracts relating to our client's aforesaid accounts