•Landmark case in Malaysian Administrative
Law.
•Issue: whether the cancellation of
the forwarding agency’s registration is a quasi-judicial act
that natural justice will
become applicable?
•HC: NJ did not apply, only given RTBH if expressly stated in statute.
•FC: overruled HC decision and upheld that
natural justice was applicable for the matter of cancellation of the agency despite
the fact that there is no provision governed in the statute.
•The court emphasized that the rule requiring
a fair hearing is very crucial because it can be used to display the whole idea of an
administrative procedural rights in accordance with the famous
landmark case of
Ridge v Baldwin
•Relevant principle of NJ - no
man
shall be condemned unheard.
•Apply where an individual
is adversely
affected by
an administrative action be it ‘judicial’, ‘quasi-judicial’ or ‘administrative’
or whether or not the existing statute provide provision for hearing.
This case marks the shift in approach to concept of Natural Justice in Malaysia, from wide interpretation to the doctrine of fairness.
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