19/03/2026
We are pleased to share our recent success at the Court of Appeal in a judicial review proceedings involving the application of the Second Actor Theory, a legal principle that addresses the validity of an administrative decision that is made in reliance of an earlier administrative decision which was subsequently declared invalid.
The Court of Appeal, in allowing our client's appeal, affirmed the Second Actor Theory as expounded by the Federal Court in the case of Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd (2024) and ruled that an administrative decision even though illegal and subsequently quashed, may nonetheless serve as a basis for another perfectly valid administrative decision that has binding legal consequences.
Our hearfelt appreciation goes out to our counsel, Dato' Malik Imtiaz Sarwar for his exceptional advocacy and his assistant, Ms Wong Ming Yen.
The Court of Appeal applies the ‘second actor theory’ to allow registration of the car plate number in Yeong Oon Kong's name following a protracted legal dispute.
