PUTRAJAYA (June 17): Malaysia Competition Commission (MyCC) has filed a motion for leave to appeal to the Federal Court against the appellate court's decision to hear the merits of a legal challenge by Grab Holdings Inc and two others concerning the RM86.77 million fine imposed on them by the commission.
A case management of the matter was held today where MyCC was represented by Annabelle Tan from Messrs Lim Chee Wee Partnership while Nimraat Kaur appeared for Grab Holdings, MyTeksi Sdn Bhd and Grab Car Sdn Bhd.
MyCC filed the motion for leave to appeal on May 18.
Today, during case management before Federal Court deputy registrar Rashidah Roslee, MyCC was asked to file an affidavit in reply to Grab by July 8.
Another case management has been fixed for Sept 14.
In civil cases at the apex court, permission or leave has to be obtained for the merits of the appeal to be heard fully. This is to ensure that the matter before the Federal Court is not frivolous, vexatious and an abuse of the court process.
A three-member Court of Appeal bench on April 18 unanimously allowed the three companies leave for their legal challenge on the imposition of the fine to be heard on its full merits.
Justice Datuk Hanipah Farikullah, who led the bench, said there are merits in the appeal based on the evidence and there is an arguable case which can be argued further in the substantive stage.
"This is not a frivolous and vexatious application by the appellants. The High Court judgement (to strike out the judicial review) is set aside," she said in the unanimous decision.
Sitting with her were Justices Datuk Hadhariah Syed Ismail and Datuk Hamzah Hashim.
Grab and its two subsidiaries sought the judicial review in the High Court in February last year following MyCC's proposed fine. However, the application was dismissed as the court deemed the move premature, given that the proposed decision was not yet final.