Court rejects wireless service provider’s appeals in MCMC judicial review case
Court of Appeal unanimously affirms the High Court's decision to set aside two ex parte leave orders granted to Asiaspace Broadband Sdn Bhd.
The Court of Appeal has denied Asiaspace Broadband Sdn Bhd's attempts to appeal a recent decision by the Malaysian Communications and Multimedia Commission (MCMC). The appeal related to judicial review proceedings against MCMC's regulatory decisions concerning Asiaspace's spectrum assignment and proposed service rollout plans. The three-judge bench unanimously upheld the High Court's ruling, setting aside two ex parte leave orders that granted Asiaspace the right to initiate judicial review proceedings.
As a result, Asiaspace is now required to pay MCMC RM30,000 in legal costs. The court found no valid reasons to bypass the statutory appeal process under the Communications and Multimedia Act 1998 (CMA) before seeking judicial review. Additionally, the court ruled that filing judicial review proceedings while the statutory appeals were still pending constituted an abuse of the court process due to incomplete disclosure of material information.
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