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FEDERAL COURT PUTRAJAYA
EMPAYAR CANGGIH SDN BHD – Appellant
Versus
KETUA PENGARAH BAHAGIAN PENGUATKUASA KEMENTERIAN PERDAGANGAN DALAM NEGERI.... – Respondent
| Table of Content |
|---|
| 1. appeal against prior judgments (Para 1 , 1) |
| 2. background facts of the case (Para 2 , 3 , 4 , 5 , 6) |
| 3. high court decisions upheld by the court of appeal (Para 7 , 8) |
| 4. arguments on the proper procedure for judicial review (Para 9 , 10 , 11 , 12) |
| 5. clarification of judicial review principles (Para 13 , 14 , 15 , 16) |
| 6. analysis of judicial review suitability (Para 17) |
| 7. powers of search and seizure under act 606 (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 8. seizure not amenable to judicial review (Para 24 , 25) |
| 9. decision on the proper mode for challenge (Para 26) |
[1] This is an appeal by the appellant (the applicant in the High Court) against the judgment of the Court of Appeal given on 5 April 2012 which affirmed the judgment of the High Court. The High Court had, on 9 March 2010, dismissed with costs the appellant's application for judicial review against the respondents. The appellant obtained leave from this Court of Appeal on the following questions ("the leave questions"):
"1. Whether a challenge to the exercise or the purported exercise of any power conferred under the Optical Discs Act 2000 (Act 606) in particular the power to seize any article, optical disc, thing
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