JUDGMENT
[1] This is an application for leave to appeal under s 96 of the Courts of Judicature Act 1964 ('CJA') by the Attorney-General of Malaysia in respect of a decision handed down by the Court of Appeal on 18 June 2024.
[2] The Court of Appeal unanimously affirmed the High Court's decision granting leave for judicial review to the Sabah Law Society ("SLS") against the Government of Malaysia and the State Government of Sabah in respect of the Special Grant provided for Sabah under the provisions of the Federal Constitution
[3] The State Government of Sabah is no longer a party to these proceedings having withdrawn from the same, prior to the hearing before the Court of Appeal.
[4] In this application, the questions for leave under s 96 CJA that fall for consideration may be divided into three categories:
(a) Whether the respondent's present application for judicial review is within the Federal Court's exclusive jurisdiction under art 128(1)(b) (Leave Questions 2 and 3);
(b) Does the Sabah Law Society ('SLS') possess locus standi to bring the present judicial review? (Leave Question 4); and
(c) Is the present matter justiciable? (Leave Question 1).
[5] Before we deal with the leave questions, these are the salient background facts:
(a) The SLS is an entity established under the Advocates Ordinance (Sabah) (Cap 2). It is applying for judicial review in respect of the Special Grant provided for Sabah under art 112C and s 2 of Part IV of the Tenth Schedule of the Federal Constitution.1 This Special Grant is a matter that was agreed to by Sabah, Sarawak and Singapore on the formation of Malaysia when the Malaysia Agreement 1963 was entered into between the Federation of Malaya and the United Kingdom. This Special Grant is subject to review under art 112D.2 The respondent in the judicial review application is the Federal Government;