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FEDERAL COURT PUTRAJAYA
WONG KIN HOONG & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN ALAM SEKITAR & ANOR – Respondent
| Table of Content |
|---|
| 1. background of judicial review application and decisions. (Para 1 , 3 , 4 , 5 , 6) |
| 2. application for leave to file judicial review dismissed on delay. (Para 7 , 8 , 9) |
| 3. arguments regarding the consideration of merits in extension applications. (Para 11 , 12 , 13) |
| 4. judicial review procedure and relevance of timeframes. (Para 14 , 15 , 16) |
| 5. exercising discretion in extending judicial review application timelines. (Para 18 , 19 , 20) |
| 6. analysis of relevant case law on merits and extensions. (Para 21 , 22 , 23 , 24 , 25 , 26) |
[1] This is an appeal by the appellants against the decision of the Court of Appeal which upheld the decision of the High Court in dismissing the appellants' application for leave for extension of time to file an application for judicial review pursuant to O 53 r 3 of the Rules of the High 1980 ("the RHC").
[2] On 6 September 2012, we heard and dismissed the appeal. We now give our reasons.
Background Facts
[3] Briefly, the facts are these. The company known as Raub Australian Gold Mining Sdn Bhd ("the 2nd respondent") had been granted mining rights under a lease. At the material time, the 2nd respondent was in the midst of building a Carbon-In-Le
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