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Tutorial Week 9 Law309 (DP)

The document discusses whether canceling Ani's business permit due to her acquiring permanent residence status was unreasonable. It outlines that unreasonable exercises of discretionary power can be reversed. A case established that limiting speakers at a meeting was unreasonable as the police had means to deal with time limits. The document applies this case and concludes the director's cancellation of Ani's permit due to her status was unreasonable, as her status is irrelevant under the applicable act. The director did not consider all relevant factors, making the decision an unreasonable exercise of discretionary power.

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315 views2 pages

Tutorial Week 9 Law309 (DP)

The document discusses whether canceling Ani's business permit due to her acquiring permanent residence status was unreasonable. It outlines that unreasonable exercises of discretionary power can be reversed. A case established that limiting speakers at a meeting was unreasonable as the police had means to deal with time limits. The document applies this case and concludes the director's cancellation of Ani's permit due to her status was unreasonable, as her status is irrelevant under the applicable act. The director did not consider all relevant factors, making the decision an unreasonable exercise of discretionary power.

Uploaded by

Al
Copyright
© © All Rights Reserved
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ISSUE:

Whether to cancel Ani’s premise just because she has just acquired his permanent
residence status is unreasonable or not.

LAW:

An unreasonable exercise of discretionary power is bad. Even if the decision maker acts
within the bounds of the statutory discretion, the decision can nevertheless be reversed if it is
unreasonable. The term 'unreasonable' has a very limited meaning in this context. In the case of
Associated Provincial Picture Houses Ltd v Wednesbury Corporation, the common law
community agreed that when a decision-maker makes a choice that no reasonable person would
make, it could be used as a basis for judicial review. The court determined that the disease did
not fall into any of these categories, according to the case. As a result, the claim was denied, and
the Wednesbury Corporation's judgment was affirmed. The "Wednesbury test" was devised for
this case, and it applies to all three categories.

Referring to the case Chai Choon Hon v Ketua Polis Daerah, Kampar. A license was
granted to hold a meeting from 5 - 11.30pm under the Police Act. A condition was imposed that
the number of speakers would only be 7. The meeting had to be held within a certain period, as
specified in the license. As a result, there was no justification for limiting the number of speakers
within the allotted time. The court held that the condition imposing a restriction on the
number of speakers was unreasonable as the police had the means to deal with any
infringement of the time-frame.

APPLICATION:

By applying the case Chai Choon Hon v Ketua Polis Daerah, Kampar. The Director of
Trade and Industry was cancel Ani’s permit. The Director of Trade and Industry can be said to
have act unreasonable as they stated that permit Ani’s was cancel because she has just acquired
her permanent residence status. In this situation, Ani’s residential status is irrelevant in the issue
of breach of the Open Trade and Business Act 2015. The Act explicitly states that a premise will
be given if the business is done in Malaysia. So, Ani's residential status has nothing to do as long
as the business run by Ani is in Malaysia. The decision made by the Director of Trade and
Industry needs to consider all relevant consideration. Therefore, their discretionary power was
not being exercised reasonably.

CONCLUSION:

In conclusion, the decision that made by the Director of Trade and Industry was
unreasonable and invalid.

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