High Court Dismisses AirAsia’s Judicial Review Leave Application against MAVCOM and Malaysia Airports Sepang

On 25 June 2019, the Kuala Lumpur High Court dismissed a judicial review leave application brought by AirAsia Berhad and AirAsia X Berhad (collectively “AirAsia”) against the Malaysian Aviation Commission (“MAVCOM”), with Malaysia Airports (Sepang) Sdn Bhd (“MA Sepang”) being named as the 2nd Respondent.
AirAsia had sought leave to commence judicial review proceedings against MAVCOM for, inter alia, an Order of Certiorari to quash an alleged decision made by MAVCOM in declining to determine the pending legal suits relating to Passenger Service Charges filed by MA Sepang against AirAsia.  AirAsia had also sought an Order of Mandamus to compel MAVCOM to resolve these suits.
In dismissing AirAsia’s application, the High Court agreed with both grounds of objection raised by the Attorney General’s Chambers on behalf of MAVCOM and by counsel for MA Sepang, namely that:
  1. AirAsia’s application was premature as no decision amenable to judicial review had yet been made - the purported decision by MAVCOM was in fact a deferment pending the clarification of its jurisdiction to deal with such matters; and   
  2. AirAsia’s application was frivolous and vexatious as the same issues relating to MAVCOM’s jurisdiction were already pending determination in the Passenger Service Charges suits filed by MA Sepang against AirAsia.
MA Sepang was represented by our Firm and the team comprised of Dato’ Lim Chee Wee, Shannon Rajan, Manshan Singh and Eric Gabriel Gomez.