AirAsia, AAX appeal against High Court's dismissal of judicial review bid

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KUALA LUMPUR (July 3): AirAsia Group Bhd, together with AirAsia X Bhd, are appealing against the High Court's dismissal of their application to challenge the Malaysian Aviation Commission's (Mavcom) refusal to mediate an ongoing dispute between the budget airline group and Malaysia Airports Holdings Bhd.

"We wish to announce that AirAsia Group, together with AAX had, on July 2, 2019, filed a notice of appeal against the Decision of the High Court," the airline announced in a stock exchange filing today. Separately, AAX filed a similar announcement to the exchange.

They added that further updates on any material development on the matter will be made, in accordance to Bursa Malaysia's listing requirements.

The High Court dismissed their judicial review application on June 25, with no order as to costs.

It was reported that the court had agreed with the Attorney-General's Chambers, which was opposing the bid — that Mavcom has not decided on the MAHB-AirAsia dispute, but has merely deferred its decision.

"Thus, this does not amount to a decision that renders AirAsia adversely affected or aggrieved and therefore entitled the budget airline to make the application," senior federal counsel Shamsul Bolhassan, representing the AGC, reportedly said.

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

In the application, they 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 the commission to decide on the dispute.

They said Mavcom has a statutory duty to mediate the dispute and has erred in law by its refusal to do so.

The civil suit in question arose in December last year after MAHB claimed uncollected airport taxes from AirAsia and AAX amounting to RM36.12 million. The next hearing is scheduled for July 4 before High Court Judge Datuk Azimah Omar.