2010 MarsdenLR 3765 ; 2010 MarsdenLR 1

AZIAH ALI
YICK HOE FERROUS STEEL SDN BHD – Appellant
Versus
TRIBUNAL RAYUAN KASTAM & ORS – Respondent

Judicial review applications must adhere to strict procedural rules, including seeking leave and exhausting alternative remedies, to avoid dismissal.

Headnote:(A) High Court Rules 1980 - Order 53 - Judicial review - Procedural objections raised against the application for judicial review for failure to comply with proper procedure, specifically the requirement to seek leave and use the correct form. The Tribunal ruled that the appeal would not proceed unless the relevant duties were paid. (Paras 2, 4 and 19)

(B) Appeals - Requirement to exhaust alternative remedies - Court emphasized that an applicant must exhaust available appeal processes before seeking judicial review. Application premature, and judicial review at the discretion of the court with strict adherence to procedural rules. (Paras 19 and 21)

Facts of the case:
The applicant challenged the decision of the Tribunal which allowed a preliminary objection to dismiss its appeal due to unpaid duties of RM226,556.32 demanded by the customs authority, as well as procedural non-compliance in seeking leave for judicial review.

Findings of Court:
The court found that failure to comply with Order 53 of the RHC was a fundamental procedural defect and dismissed the application with costs.

Issues: The main issues included whether the applicant complied with procedural requirements for initiating judicial review and the necessity of exhausting alternative remedies.

Ratio Decidendi: The court held that non-compliance with procedural rules governing judicial review irreparably compromised the application and that remedies must be exhausted before judicial resort.

Result: Application dismissed with costs of RM1,000.