ADDITIONAL POWERS

 In Malaysia, the additional powers of Judicial Review of the High Court are those powers conferred on the High  Court  under para 1,Schedule to the Courts of Judicature Act 1964. These are statutory powers over and above the inherent powers of judicial review.

INDIAN AIRLINES V PRABHA D KANAN

[2006] 11 SCC 67
 In that landmark case , the Indian Supreme Court in no uncertain terms pronounced that  the time has come for Wednesbury unreasonableness to give way to  and be substituted by the more superior doctrine doctrine of proportionality.  

QUOTE

THE JUDICIARY MUST MAINTAIN ITS FUNCTION FEARLESSLY AS "THE  LAST DEFENCE OF THE LIBERTIES OF SUBJECTS AGAINST DEPARTMENTAL AGGRESSION"

THE STAR- FRIDAY 16 JULY 2010

KUALA LUMPUR: Every subsidiary Company is allowed to set up its own in-house Trade Union , the High Court ruled. Justice Mohd Zawawi Salleh made the ruling yesterday in a Judicial Review application filed by an in-house Trade Union British America Tobacco (Malaysia) Bhd. Employees Union (BATEU).

 He held that the law allowed for the Trade Union Director General  to register in-house Trade Unions although there is a national union of workers to protect the rights of employees in that specific industry.
In the application filed on November 14, 2007 the union applied to overturn the decision of Trade Union Director General dated October 29, 2007 who held that the union could no longer represent the employees of the Tobacco Importers & Manufacturers Sdn. Bhd. and Commercial Marketing & Distributors Sdn. Bhd.  which are BATEU subsidiary Companies.

Apart from a stay order , the union sought for costs and further relief  deemed fit by the Court. The Judge dismissed the application with costs.

The Unions's lawyer V.K. Raj told the Judge that he had received instructions to file an appeal. 

1 MLJ P.65

SARAWAK ELECTRICITY SUPPLY V WONG AH SUAN HELD:Although the audi alteram partem rule applied in this case, an adequate opportunity to be  heard had been accorded to the respondent.

[2008] 1 CLJ 521 (FC)

BADAN PEGUAM MALAYSIA V KERAJAAN MALAYSIA

The reference to  the  Federal Court was to interpret and rule whether an academic (i.e. a law professor) could be appointed as a Judicial Commissioner unedr Article 123 of the Federal Constitution. The Court by a majority ruled in favour of the academic.

ROHANA BINTE ARIFFIN V UNIVERSITI SAINS MALAYSIA

[1989] 1 MLJ P487   HIGH COURT PENANG - ORIGINATING MOTION 32-17-86 EDGAR JOSEPH
Issue:Appeal against decision of disciplinary authority dismissed- Application for certiorari
Held: Allowing the Appeal
The proceedings before the Disciplinary Authority were contrary to natural justice owing to the presence of the Registrar of the Respondent University,the complainant in the case of both the applicants, during the disciplinary authority's deliberations.