No prior leave is required under section 68(1)(a) of the CJA 1964 for appeals regarding judicial review and certiorari.

[1] This was a leave application pursuant to s 68(1 )(a) of the Courts of Judicature Act 1964 ("CJA 1964"). The Johor Bahru High Court, on 27 December 2018, had dismissed the applicant's application for an order of certiorari to quash the Johor Bahru Tribunal for Homebuyer Claims' Award dated 7 June 2018. Hence the instant application for leave to appeal.

[2] During the hearing of the leave application, a preliminary issue arose as to whether leave was indeed required or whether the parties could appeal as a matter of right. The applicant took the position that leave was not required. However, in view of the conflicting decisions of the courts and the practice directions issued by this Court, the application for leave to appeal, we were told, was filed in the abundance of caution. The respondents, on the other hand, submitted that leave was required before an appeal can be filed as the value of the subject matter was less than RM250,000.00 as prescribed under s 68 of the CJA 1964.

[3] After hearing the parties and taking into consideration the written submissions, we decided that leave to appeal was not required against the order of the High Court. We now provide our reasons which will constitute the judgment of the Court.

Brief Background

[4] The facts leading to the application for judicial review can be stated briefly as follows. The 2nd respondent purchased a condominium unit identified as 11-A-3402 in a housing development known as Country Garden Danga Bay from the developer, the applicant here, for a purchase price of RM1,639,861.00. Upon delivery of vacant possession, the 2nd respondent discovered that the unit he had agreed to purchase was not the same one that was handed over to him. The 2nd respondent complained to the applicant but to no avail.

[5] On 2 January 2018, the 2nd respondent filed a claim with the Tribunal For Homebuyers' Claim at Johor Bahru (1st respondent) claiming that the applicant had delivered the wrong unit and that therefore there was a breach of the Sale and Purchase Agreement. He claimed for the sum of RM50,000.00. On 7 June 2018, the 1st respondent allowed his claim and the award was for the applicant to pay the 2nd respondent the sum of RM50,000.00.

[6] Aggrieved with this decision, the applicant, on 3 July 2018, filed for Judicial Review against the 1st respondent's decision. However, on 27 December 2018, the High Court dismissed the applicant's judicial review application with costs of RM6,000.00. On 9 January 2019, a Notice of Appeal against the High Court's decision dismissing the Judicial Review was filed without leave. On 23 January 2019, the applicant filed the instant Notice of Motion seeking leave to Appeal, as it had said, in the abundance of caution.