HIGH COURT MALAYA PENANG
PERBADANAN PENGURUSAN SUNRISE TOWERS – Appellant
Versus
TRIBUNAL PENGURUSAN STRATA & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial review grounds outlined. (Para 1 , 3 , 7) |
| 2. service obligations under statutory framework. (Para 17 , 18 , 60 , 61) |
| 3. challenges credibility of smt's service determination. (Para 26 , 32 , 50) |
Introduction
[1] This is a judicial review application by the Applicant for an order of certiorari to quash the decision of the 1st Respondent ("SMT") handed down on 13 July 2022 ("SMT 2022 Decision"). The SMT had dismissed the Applicant's claim vide Form 1 dated 31 July 2018 filed at the SMT via Tribunal Claim No TPSZU-P0250-07/18 ("Applicant's Claim"). The SMT ruled that its earlier decision on Form 20 in the first award dated 20 June 2019 ("SMT 2019 Award") was never decided upon by the Court of Appeal, and thus there is no proof of service of the relevant Form 20.
[2] On 4 April 2023, I allowed the judicial review application. Here are the grounds of my decision.
Judicial Review Application
[3] In the judicial review application herein, the Applicant sought for the following reliefs:
(a) An order of certiorari to quash the SMT 2022 Decision, which had dismissed the Applicant's Claim;
(b) Bhat if prayer (a) above is allowed, the Applicant's Claim is de
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