Thursday 28 Mar 2024
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KUALA LUMPUR (Jan 10): The High Court will decide on Jan 17 an application by the Malaysia Competition Commission (MyCC) to stay proceedings of a legal challenge by Grab Holdings Inc and two others concerning the RM86.77 million fine imposed on them by the commission.

Justice Datuk Wan Ahmad Farid Wan Salleh heard the application on Monday (Jan 10) for the stay of proceedings against the judicial review pending MyCC’s appeal in the Federal Court. 

He then set Jan 17 to give the court’s decision on the stay application.

MyCC is appealing against a Court of Appeal (CoA) decision last year, which granted leave to Grab Holdings Inc and its subsidiaries GrabCar Sdn Bhd and MyTeksi Sdn Bhd to have the merits of their judicial review application against the proposed RM86.77 million fine imposed by the commission heard in the High Court.

Justice Datuk Hanipah Farikullah, who led the bench in the appellate court, 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.

Grab and its two subsidiaries sought the judicial review in the High Court in February 2020, 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.

However, the CoA overturned the High Court decision, which led MyCC to file its appeal in the Federal Court. 

Edited ByLam Jian Wyn
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