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2019 MarsdenLR 3011

COURT OF APPEAL PUTRAJAYA
MAJLIS BANDARAYA PULAU PINANG – Appellant
Versus
DATIN NOORZAINA MAT ZAIN & ANOR – Respondent


Petitioner Advocates:Karin Lim Ai Ching,Murgan D Maniam,Cyrus Lim Kia Chun ,Respondent Advocate: Ong Yu Shin,Marcia Geraldine Lopez

Table of Content
1. revocation of permits under local policy. (Para 1 , 2 , 3 , 4)
2. expectation of fairness and procedures. (Para 10 , 20 , 22)
3. maintaining procedural fairness is essential in administrative decisions. (Para 11 , 12)
4. court finds permit actions were premature. (Para 26 , 27 , 28)

[1] The High Court granted the respondents' application for judicial review in respect of the appellant's decision to revoke the respondents' permit to run a lodging house. On appeal, we unanimously affirmed that part of the decision but set aside the order that the appellant was to pay general damages and constitutional damages to the respondents. The award of damages was to be assessed by the Senior Assistant Registrar. These are our reasons.

Factual Background

[2] At the end of 2013, the Government of the State of Penang decided to implement what is known as the "Local Government Collection of Fees Policy". The object of this policy, inter alia, was to collect fees from both licensed and unlicensed hotels in the State, and to control such hotels. Thus, it was also decided that all existing hotels that had been operating without the requisite licences under the relevant laws, would be giv

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