Nallini Pathmanathan FCJ:

[1] This is an application for leave to appeal under s 96 of the Courts of Judicature Act 1964 ('CJA') by the Attorney-General of Malaysia in respect of a decision handed down by the Court of Appeal on 18 June 2024.

[2] The Court of Appeal unanimously affirmed the High Court 's decision granting leave for judicial review to the Sabah Law Society ("SLS") against the Government of Malaysia and the State Government of Sabah in respect of the Special Grant provided for Sabah under the provisions of the Federal Constitution

[3] The State Government of Sabah is no longer a party to these proceedings having withdrawn from the same, prior to the hearing before the Court of Appeal.

[4] In this application, the questions for leave under s 96 CJA that fall for consideration may be divided into three categories:

(a) Whether the respondent's present application for judicial review is within the Federal Court 's exclusive jurisdiction under art 128(1)(b) (Leave Questions 2 and 3);

(b) Does the Sabah Law Society ('SLS') possess locus standi to bring the present judicial review? (Leave Question 4); and

(c) Is the present matter justiciable? (Leave Question 1).

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