Friday 29 Mar 2024
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This article first appeared in The Edge Financial Daily on June 18, 2019

KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has opposed an application for leave for a judicial review by AirAsia Group Bhd challenging the Malaysian Aviation Commission’s (Mavcom) refusal to mediate an ongoing dispute between the budget airline and Malaysia Airports Holdings Bhd (MAHB).

The AGC, represented by senior federal counsel Shamsul Bolhassan, intervened in the leave application on grounds that the judicial review could not be conducted because Mavcom has not decided on the MAHB-AirAsia dispute but has merely deferred the decision, court documents showed.

“This does not amount to a decision that renders the applicants (AirAsia) adversely affected or aggrieved that is amenable to judicial review under Order 53 of Rules of Court 2012,” the AGC said in its submission to oppose the leave dated June 14.

The AGC also argued that there is multiplicity of proceedings with the judicial review.

“The filing of the judicial review is clearly frivolous, vexatious, and an abuse of the court process for multiplicity of proceedings, given that the same issue is already before the Civil Courts and will shortly be decided upon,” it added.

AirAsia filed the application on May 14 against Mavcom and Malaysia Airports (Sepang) Sdn Bhd (MASSB), a unit of MAHB.

AirAsia has sought a certiorari order to quash Mavcom’s decision not to rule on the budget airline’s dispute with MAHB, and a mandamus order to compel Mavcom to decide on the dispute.

AirAsia maintained that Mavcom has a statutory duty to mediate the dispute and has erred in law by its refusal to do so. Under sections 74 and 75 of Mavcom Act 2015, Mavcom will have to decide on a dispute between aviation service providers if mediation fails after a specified time frame.

The suit arose last December after MAHB claimed uncollected airport taxes from AirAsia and AirAsia X Bhd amounting to RM36.12 million. The next hearing is scheduled for July 4.

MASSB was initially not a party in the hearing of the ex parte leave application by AirAsia.

Concurrently, MASSB yesterday applied to be a respondent in the leave application, and High Court Judge Datuk Nordin Hassan approved for Skrine, representing MASSB via Datuk Lim Chee Wee, to hear the application as a putative respondent.

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