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Friday, August 6, 2010

[2008] 4 MLJ 641

Minister of Finance, Goverment of Sabah v Petrojasa Sdn. Bhd

The response is a clear reflection of the little respect, if any that the Government has for the Certificate. The learned High Court Judge in his judgment expressed his disapproval over the conduct of the State Goverment in the following words;

“The Applicant is not alone because there are others who have variously obtained judgments, decisions or awards  against the Government of the State of Sabah which remain barren to this day. I do not propose to speculate Sabah can continue to defy the law and play the ostrich before it undermines the basis of its very existence. I would certainly eschew a discussion on the wisdom, or of the abject recalcitrance of the Government of lack of it, the State of Sabah in these circumstances. I need not say more, except lament the hollowness of the salutary expression of Lord Denning in FRANKLIN at p 871 – “It is always presumed that, once a declaration or entitlement is made, the Crown will honour it. And it has always done so.And my misfortune in being placed in a situation  where the Court is helpless to put right what is clearly an unmitigated wrong."

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