Friday 29 Mar 2024
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KUALA LUMPUR (July 22): AirAsia Bhd has today applied for its judicial review of the Malaysian Aviation Commission (Mavcom)’s imposition of a RM2 million penalty on the budget airline to be heard together with its sister company AirAsia X Bhd's matter. 

During a hearing of the application today, High Court judge Datuk Ahmad Kamal Md Shahid allowed the application and fixed July 27 for case mention, together with the AirAsia X case, before High Court judge Datuk Seri Mariana Yahya. 

AirAsia, represented by Zul Rafique & Partners, said both cases were identical and should be dealt together for convenience of the court and the parties involved. 

The firm of Lim Chee Wee Partnership, who represented Mavcom as the respondents of both cases, did not have any objections on the application. 

In April, AirAsia sought a declaration from the High Court that the penalty and decision issued by Mavcom was invalid and of no effect.

It is also seeking further and consequential relief or directions to be made as the court deems fit.

The airline claimed that there was a breach of natural justice and that Mavcom had acted in error of jurisdiction and in error of fact and law.

Mavcom had imposed financial penalties on AirAsia and AAX in January, amounting to RM2 million each, for the airlines' continued charging of credit card, debit card and online banking processing fees separate from their base fares, in contravention of the Malaysian Aviation Consumer Protection Code 2016 (MACPC), for the period of Aug 10 to Sept 11 last year.

At the time, Mavcom said it was the second time AirAsia and AAX have been found to be violating this MACPC requirement.

Mavcom alleged that the airlines had failed to incorporate processing fees as part of its base fare as made mandatory by the code.

Mavcom believed that the failure to include the fee resulted in an increase in the final price to be paid by a consumer before the purchase of a ticket.

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