The Federal Court of Malaysia has restored a High Court ruling that invalidated the former Attorney General Apandi Ali’s consent for two individuals, Nai Ninn Sararaksh and Ho Choon Teik, to initiate legal action over a trust property belonging to the Burmese community in Penang. The court ruled that the two individuals did not meet the conditions outlined in Section 9 of the Government Proceedings Act 1956, which requires AG consent for lawsuits concerning public, religious, or charitable trusts. The case involved a 178-year-old trust established by the East India Company for the Burmese and Thai communities in Penang. The applicants’ request for consent was found to be improperly granted, and the judicial review affirmed that the Burmese trust had become a private trust, excluding the applicants’ legal standing. The Court of Appeal had previously overturned the High Court’s decision, but the Federal Court reinstated the original ruling.

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