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2020 MarsdenLR 2183

COURT OF APPEAL PUTRAJAYA
THE STATE MINERALS MANAGEMENT AUTHORITY SARAWAK & ORS – Appellant
Versus
GEGAH OPTIMA RESOURCES SDN BHD – Respondent


Petitioner Advocates:Azreen Fasya Mohamad Abu Bakar,Nur Azhar Bujang ,Respondent Advocate: Albert Tang Yew Liong,Andy Tan Tung Sii

JUDGMENT

Mary Lim Thiam Suan JCA:

Introduction

[1] The appellants refused to approve the respondent's application for a mining lease over certain lands. On 13 February 2019, the respondent succeeded in its application for a judicial review of the appellants' decisions. The High Court granted an order of certiorari quashing the appellants' decisions and a further order of mandamus directing the appellants to reconsider or re-determine the respondent's application for a mining lease.

[2] The appellants appealed; and the respondent cross-appealed over the refusal of the learned Judge to order a mandamus in the particular terms sought.

[3] Upon consideration of the submissions of both parties before us, the grounds for His Lordship's decision, and the relevant law, we allowed the appeal holding that the decisions did not violate the rules of natural justice as alleged, and that the decisions were lawful and did not violate any Wednesbury principles. We further dismissed the cross-appeal. These are our reasons in full.

The General Prospecting Licence

[4] The respondent is principally in the business of prospecting and developing coal mines. It is also a holder of a General Prospecting Licence


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