GROUNDS OF DECISION

1. On 28.02.2002 I dismissed with costs the application by the Applicants for judicial review. In doing so I stated that I would give the reasons in the event of an appeal. As there is now a Notice of Appeal filed this is therefore the reasons for the dismissal.

2. In their application the Applicants sought for several relief namely:

"(1) An order of certiorari to remove into this Honourable Court and to quash forthwith the decision by Tawau Municipal Council, as contained in its letters dated 16 July 2001, 6 July 2001 and 30 April 2001 to ATS Land Sdn Bhd, to terminate or revoke the approval dated 20 April 2000 granted to ATS Land Sdn Bhd to operate or manage the market known as Fuji Market on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau;

(2) A declaration that any decision by Tawau Municipal Council to terminate or revoke the approval dated 20 April 2000, granted to ATS land Sdn Bhd to operate or manage the market known as Fuji Market on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau, on the reasons or the grounds as stated in Tawau Municipal Council’s minutes of meeting dated 18 April 2001 (Ref: MPT/URSM:100-26/Klt.12/) and 30 April 2001 (Ref: MPT/URSM:100-26/Klt.13/01) is invalid, null and void;

(3) A declaration that Tawau Municipal Council’s letters dated 16 July 2001, 6 July 2001 and 30 April 2001 to ATS Land Sdn Bhd are invalid, null and void;

(4) An order of prohibition directed to Tawau Municipal Council and any officer/s, servant/s, agent/s or contractor/s acting for or on its behalf prohibiting it or them, from entering the market known as Fuji Market being conducted on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau, or doing anything for the purpose of ceasing all market or business activities in Fuji Market unless and until there has been a proper and lawful decision by Tawau Municipal Council to terminate the approval dated 20 April 2000 to the Landowner, ATS Land Sdn Bhd to operate or manage the market known as Fuji Market in accordance with law and in accordance with the principles of natural justice;

(5) That all proceedings on the decision of Tawau Municipal Council, to terminate or revoke the approval dated 20 April 2000 to the Landowner, ATS Land Sdn Bhd to operate or manage the market known as Fuji Market on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau, be stayed until after the hearing of the application for judicial review or further order;

(6) Costs;

(7) Any other or further relief as the Court deems fit."

3. And the grounds relied upon are as follows:

"(1) The decisions by Tawau Municipal Council to terminate or revoke the approval dated 20 April 2000 to ATS Lands Sdn Bhd ("the Landowner") are unlawfull, null and void;

(2) Procedural unfairness operated and impinged upon the decisions and/or the decisions were made in breach of the rules of natural justice in that:

(a) Tawau Municipal Council did not conduct any hearing or any process or procedure in accordance with the requirements of natural justice with the Landowner or the Applicants prior to or in the course of making the decisions to terminate or revoke the approval given to the Landowner dated 20 April 2000;

(b) Tawau Municipal Council did not provide any opportunity to the Landowner or the Applicants to make any representations or submissions despite requests from the Applicants;

(c) Tawau Municipal Council considered submissions made by Renung Abadi Sdn Bhd in respect of the termination or revocation of the approval dated 20 April 2000 to the Landowner, without the knowledge of the Landowner or the Applicants and without giving any opportunity to the Landowner or the Applicants to respond or rebut;

(d) Tawau Municipal Council did not give any reasons for the decisions to terminate or revoke the approval dated 20 April 2000 despite requests fo