When an explicit procedure is created, follow it or your action can be struck off — Hafiz Hassan

Malay Mail News & blogs · 3 hr ago

Key points

The High Court allowed the application of the Defendants, striking out the Plaintiff’s action.
As such, a decision taken by the Prime Minister with regard to a Minister as a member of the administration in his public duties is one that has implications for the public as a whole, and it is in consequence of this that the public law is concerned with the decision-making process.
As such, to institute the proceedings by [OS], though seemingly appearing to be simple in procedure, will deprive the public authority, in this case, the Federal Government and in the circumstances of the present case, of the protection of the law that is entitled to by the process available under Order 53.”

Sentences selected automatically from the original article by Malay Mail.

OCTOBER 29 — In the case of Dato’ Seri Anwar Bin Ibrahim v Perdana Menteri Malaysia [2007], the former Deputy Prime Minister (the Plaintiff) sued the Prime Minister and another (the Defendants) by way of an originating summons (OS) for a declaration that they had acted in contravention of the Federal Constitution in dismissing him as Deputy Prime Minister and that he was still a Minister in the Malaysian Cabinet.

The Defendants applied to strike out the Plaintiff’s claim under Order 18 rule 19(1) of the then Rules of High Court 1980 (now Rules of Court 2012).

One of the grounds advanced by the Defendants was the use of an incorrect procedure. It was argued that the Plaintiff’s action should be by way of an application for judicial review under Order 53 rather than by OS.

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Published: October 29, 2026 at 9:34 AM GMT+8
Section: What You Think
Format: Article
Original: malaymail.com ↗

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When an explicit procedure is created, follow it or your action can be struck off — Hafiz Hassan

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