Guiding Principles

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Guiding Principles by Mind Map: Guiding Principles

1. Literal

2. The granting of this specific relief has to be made after considering the evidence & submissions given by both parties

2.1. Amalan Tepat Sdn Bhd v. Pan Flex Sdn Bhd [2011] 5 MLJ 512

2.2. Haris Fatillah B Mohd Ibrahim v Suruhanjaya Pilihan Raya Malaysia [2017] MLJU 45

3. Declaratory order is not extended to moral, social, political, religious rights

4. J

5. Goh Joon v Kerajaan Negeri Johor [1998] AMEJ 1004; [1998] 7 MLJ 621

6. Law Kiat Long & Ors v Pardons Board Johore & Ors [1968] 2 MLJ 249

7. Dato’ Raja Ideris bin Raja Ahmad & Ors v Teng Chang Khim (Chairman of the select Committee on Competence, Accountability and Transparency and the Chairman of the Committee of Rights and Privileges State Legislative Assembly of Selangor) & Ors [2012] 5 MLJ 490

7.1. Court has power to grant declaratory relief in respective

8. Russian Commercial and Industrial Bank v British Bank for Foreign Trade [1921] 2 AC 438

9. Court would generally grant a declaration if there is no alternative remedy available

10. Dato Syek Kechik bin Syed Mohamed v Government of Malaysia [1979] 2 MLJ 101

11. Ik Ngi Piau & Anor v The Federal Court of Malaysia [2017] MLJU 319

11.1. The court must have jurisdiction and power to award the remedy . If there is no jurisdiction, there is no power The power to make a binding declaration of right is a discretionary power

11.2. Jurisdiction of the court to grant declaratory orders is not excluded unless the remedy available in the alternative tribunal is exhaustive

11.2.1. Government of Malaysia v Rohaya bt Mohd Majzub & Ors [1989] 1 MLJ 96

12. court will not decide academic or hypothetical questions. The court has the jurisdiction to grant a declaration irrespective of whether the application has a cause of action or not

13. The plaintiff must have real and genuine interest in the subject matter of the proceedings

13.1. Tan Sri Haji Othman Saat v Mohamed bin Ismail [1982] 2 MLJ 177

13.2. Tenaga Nasional Bhd v Frazer-Nash Research Ltd & Anor [2016] MLJU 871

14. Tenaga Nasional Bhd v Frazer-Nash Research Ltd & Anor [2016] MLJU 871

15. The power of the court under O.15 r.16 is confined to making declaratory orders on legal and equitable rights An applicant for declaratory relief under should first show that he or she is “entitled to any legal character, or to any right as to any property” (Legal Entitlement)

15.1. Diesel SpA v Bontton Sdn Bhd [2016] MLJU 1350

15.2. The court has the jurisdiction to grant declaration as to rights depending on future events, but generally it is not the practice of the court (exercised with very considerable reserve)

16. The court must have jurisdiction and power to award the remedy

17. The proceedings must involve a “right”

18. The plaintiff must have locus standi to bring the action

18.1. The plaintiff must be clothed with locus standi

18.1.1. Traditional test: Boyce v Paddington Borough Council [1903] 1 Ch 109

18.2. No court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration or title, omits to do so. There should be no undue delay in applying for declaratory relief

18.2.1. Kredin v YTF Investments [1998] 1 MLJ 46

19. There must exist a real controversy for the court to resolve

20. The person whose interest is to be affected should be before the court/the defendant must be a person having a proper and tangible interest in opposing the plaintiff’s claim

21. Definition

21.1. Technical

21.1.1. 1. A judge determine (declaratory judgement) of parties’ rights

21.2. Relief