PUTRAJAYA: The Federal Court here today allowed the application by Malaysian Competitions Commission (MyCC) to stay the hearing of Grab Holdings Inc's legal challenge against the proposed imposition of an RM86.77 million fine, scheduled to begin next Monday at the Kuala Lumpur High Court.
The decision was made by a three-member bench chaired by Court of Appeal president Tan Sri Rohana Yusuf.
"We grant the order of an interim stay of the judicial review hearing pending the disposal of MyCC's leave application (before the Federal Court).
"We adjourned today's matter, pending the Court of Appeal grounds of judgment being made available to MyCC," said Justice Rohana who sat with Justices Datuk Abdul Rahman Sebli and Datuk Mary Lim Thiam Suan.
Earlier, MyCC's counsel Datuk Seri Gopal Sri Ram submitted that the commission sought to stay the hearing, as the regulator had yet to be provided with the full written grounds of the Court of Appeal ruling that granted the judicial review leave.
"We need to see how the Court of Appeal grounds of judgment dealt with the issue. The regulator would be put in a difficult position if the Monday's hearing commences while the appeal before the Federal Court is yet to conclude," said Sri Ram.
Counsel Datuk Malik Imtiaz Sarwar who acted for Grab Holdings, objected to the stay application as the case had been pending since 2019.
On May 18, 2021, MyCC filed an application for leave to appeal against the Court of Appeal's ruling to allow Grab Holdings Inc and its subsidiaries to commence a judicial review to challenge the Commission's proposed imposition of RM86.77 million fine on them.
On April 19, 2021, a three-man bench of the Court of Appeal led by Justice Datuk Hanipah Farikullah granted leave to Grab Holdings and its two subsidiaries, namely GrabCar Sdn Bhd and MyTeksi Sdn Bhd, to initiate judicial review against MyCC's proposal to fine them for allegedly abusing their dominant position.
The appellate court had directed the case be remitted to the High Court for hearing of the merits of the judicial review.
Justice Hanipah had allowed the appeal by Grab and its two subsidiaries to set aside the High Court's decision which did not favour them.
Subsequently, MyCC filed the leave application to appeal to the Federal Court on several questions of law which the company said are of significance and public interest.
In civil cases in the Federal Court, a litigant is required to get leave for the merits of the appeal to be heard.
MyCC had alleged that Grab abused its dominant position by imposing a restrictive clause on its drivers which effectively prevented them from promoting Grab's current and potential competitors on e-hailing platforms and in transit media advertising.
Grab and its subsidiaries lost their bid for leave for judicial review in the High Court which had ruled that the move was premature, given that the proposed decision was not yet final.
-- BERNAMA
Bernama
Wed Feb 09 2022
The Federal Court here today allowed the application by MyCC to stay the hearing of Grab Holdings Inc's legal challenge against the proposed imposition of an RM86.77 million fine, scheduled to begin next Monday at the Kuala Lumpur High Court.
'No one will win a trade war,' China says after Trump tariff threat
Donald Trump says he would impose the tariffs until China stops the flow of illegal drugs, particularly fentanyl, into the United States.
What has caused Pakistan's deadly clashes between police and supporters of Imran Khan?
Topping the demands of Khan's Pakistan Tehreek-e-Insaf (PTI) party is the release of all its leaders, including Khan, who has been jailed on a series of corruption charges since August 2023.
One woman or girl killed every 10 minutes by intimate partner or family member - UN
The report highlights that "60 per cent of all female homicides" are committed by "people closely related to them".
Sweden urges Chinese ship to return for undersea cable investigation
Two subsea cables, one linking Finland and Germany and the other connecting Sweden to Lithuania, were damaged in less than 24 hours.
[COLUMNIST] Building more highways won’t solve traffic congestion - reducing demand will
It is clear that adding more lanes and highways doesn't work, because we are still attempting the same approach to solve the issue.
Hyundai to invest RM2.16 bil in Malaysia through strategic partnership with INOKOM
This investment includes efforts to upgrade INOKOM's existing assembly capacity to meet Hyundai's automotive needs.
‘C4Cinta’ sets record as highest-grossing Malaysian Tamil film
'C4Cinta', directed by young filmmaker Karthik Shamalan, has set a new benchmark in Malaysian Tamil cinema.
Man charged with mother's murder, storing body in freezer
The court denied bail and scheduled case mention on Feb 7 for the submission of forensic, autopsy, and chemist reports.
Abolition of examination in schools to reduce pressure on pupils - Fadhlina
The classroom assessment approach offers a much more interesting learning ecosystem, says Fadhlina Sidek.
Google, Meta urge Australia to delay bill on social media ban for children
Google and Meta says the government should wait for the results of an age-verification trial before going ahead.
Judge tosses Trump 2020 election case after prosecutors' request
It represents a big legal victory for Donald Trump, who won the Nov. 5 US election and is set to return to office on Jan. 20.
DHL plane crash in Lithuania leaves authorities searching for answers
Rescue services said the plane hit the ground, split into pieces and slid over 100 metres (110 yards).
National squad to hold friendly matches for 2025 Indoor Hockey World Cup
The warm-up matches will involve matches against better ranked teams in the world, namely Austria (first) and Belgium (third).
G7 seeks unity on ICC arrest warrant for Netanyahu
The United States, part of the G7, has rejected the ICC decision, with President Joe Biden describing it as outrageous.
Francissca Peter remembers Tan Sri Ahmad Nawab: A tribute to a musical legend
A legend who has influenced our music for decades, was one of the highlights of my career, says Francissca Peter.
TikTok decision coming soon as Jan. 19 divestment deadline looms
Judges are reviewing TikTok's challenge to a law requiring ByteDance to sell its US assets by Jan. 19 or face a ban.
Lebanese sources: Biden, Macron set to announce Israel-Hezbollah truce
In Washington, White House national security spokesperson John Kirby said, "We're close" but "nothing is done until everything is done".
PM meets chaebol tycoon to attract more FDI to Malaysia
Chaebols are prominent figures from South Korea's family-owned conglomerates.
Govt won't allow non-citizen vehicles to enjoy RON95 subsidy - Economy Ministry
The implementation of the RON95 subsidy in 2025 is expected to provide savings of RM3.6 billion to government expenditure.
Ringgit opens lower as greenback gains ground
Dr Mohd Afzanizam says the market responded positively to news of hedge fund manager Scott Bessent heading the US Treasury Department.