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Monday, September 10, 2012

Appeal for leave by Kuantan folk dismissed


The Appellate Court in Putrajaya today unanimously rejected an appeal by 10 Kuantan residents who are seeking leave from the Kuala Lumpur High Court to challenge the issuance of a temporary operating licence (TOL) to Lynas Bhd last January.

Justice Ramly Ali, who is leading a three-member bench, said the court is not persuaded by the appellants’ arguments and agreed that the High Court judge had not erred in her judgment.

“We agree that the residents have not exhausted their internal remedy of Section 32 of the Atomic Energy Licensing Act where they can appeal to the minister.”

“Hence we dismiss the appeal (for leave) solely on this ground,” he said.

The other members are Justices Abdul Wahab Patail and Anantham Kasinather.

The difference between this appeal and the case is that in this case the residents did not appeal to the science, technology and innovation minister.

In the Kuantan matter, one party did not appeal to the minister and the other appealed against the minister, but the appeal was rejected.

On April 12, KL High Court Justice Rohana Yusof dismissed the leave application on the grounds that they have not exhausted all their avenues including appealing to the minister before they filed the judicial review application.

[More to follow]

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