HIGH COURT (PENANG)
GEORGE VARUGHESE JC
SEMAKAN KEHAKIMAN NO PA-25-50-09/2020
1 July 2021
GROUNDS OF JUDGEMENTIntroduction
[1] Enclosure 1 is the applicant’s judicial review application, seeking orders for certiorari, declaration, prohibition and mandamus under Order 53, Rules of Court 2012 (“ROC 2012”).
[2] In enclosure 1, the applicant challenged the decision of the 2nd respondent in rejecting the applicant’s claim of ownership and request of return of 4,579.91 metric tonnes of used cooking oil (“UCO”) seized by the respondents on 26/05/2020 under the Malaysian Palm Oil Board Act 1988 (“MPOBA 1998”) (“Impugned Decision”).
[3] The applicant, inter alia, sought for the following orders:
- (i)an order of certiorari to quash the Impugned Decision;
- (ii)a declaration that the Impugned Decision is erroneous in law and/or ultra vires and/or irrational and/or illegal and/or in breach of natural justice;
- (iii)an order of prohibition to prohibit the respondents from taking any steps to enforce and/or assert any right of ownership or to sell the UCO;
- (iv)an order of mandamus to compel the 1st and/or 2nd respondent to release and/or return the UCO or the proceeds of any sale of the UCO and all books, records, documents or other articles seized by the respondents to the applicant within seven (7) days from the date of the Order herein; and
- (v)an order of general damages to be assessed by this Honourable Court.