TIBARAT SDN. BHD. v 1. ) TEO CHEE KIONG 2. ) TRIBUNAL TUNTUTAN PENGGUNA
Catchwords
Administrative Law — Judicial review — Leave application — Ex parte application for leave to commence judicial review proceedings — Whether award of Tribunal Tuntutan Pengguna amenable to judicial review — Order 53 r 3 Rules of Court 2012 Administrative Law — Judicial review — Leave threshold — Whether application frivolous or disclosed arguable case fit for substantive hearing — Low threshold for leave — Applicability of WRP Asia Pacific Sdn Bhd v Tenaga Nasional Bhd Administrative Law — Judicial review — Tribunal Tuntutan Pengguna — Consumer tribunal award — Award directing applicant company to pay consumer for vehicle repair costs — Whether tribunal allegedly failed to consider recorded agreement, material evidence and contractual warranty terms Administrative Law — Judicial review — Grounds of review — Illegality — Irrationality — Procedural impropriety — Whether tribunal acted inconsistently with recorded settlement and evidence before it — Whether tribunal asked itself wrong question or failed to consider relevant considerations Administrative Law — Judicial review — Amenability — Whether statutory finality clause and exclusion of appeal under Consumer Protection Act 1999 ousted supervisory jurisdiction of High Court — Sections 116 and 117 Consumer Protection Act 1999 Administrative Law — Judicial review — Locus standi — “Adversely affected” test — Whether applicant company directly affected by monetary award had standing under Order 53 r 2(4) Rules of Court 2012 Administrative Law — Judicial review — Timeliness — Whether leave application filed within three-month limitation period under Order 53 r 3(6) Rules of Court 2012 Consumer Protection — Tribunal Tuntutan Pengguna — Consumer claim relating to reconditioned motor vehicle — Whether tribunal properly considered limited oral warranty and evidence relating to ordinary “wear and tear” Administrative Law — Judicial review — Stay of proceedings — Stay of tribunal award pending disposal of substantive judicial review — Whether stay should be granted ex parte or heard inter partes — Applicability of audi alteram partem principle — Order 53 r 3(8) Rules of Court 2012 Administrative Law — Judicial review — Natural justice — Whether respondent entitled to be heard before suspension of rights under tribunal award — Whether balance of convenience and special circumstances inquiry required inter partes hearing Administrative Law — Inferior tribunals — Jurisdictional error — Whether tribunal’s alleged departure from recorded agreement and expert evidence disclosed arguable jurisdictional error reviewable on certiorari
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-25-5-03-2026)