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WHAT IS JUDICIAL REVIEW?

Liyana The Lawyer

Liyana The Lawyer

Judicial review, just like its name; is when an aggrieved party is seeking the High Court to review an outcome of a case.

However, unlike an appeal, it does not concern on the merits of the decision, but focuses on the legality of the decision making process.

In Malaysia, an application for judicial review can only be obtain with leave from court by way of an ex parte Notice of Application supported by an Affidavit. This is pursuant to Order 53 Rule 3 of the Rules of Court 2012.

Only after the leave is granted, the person seeking judicial review is able to enter his application via Form 110 as stated is Order 53 Rule 4 of the Rules of Court 2012.

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