CERTIORARI

Other grounds of refusal

■ Where an applicant is guilty of excessive delay in seeking the remedy. The time limit
is prescribed under Rules of the Court.
■ Where there is a waiver on the parts of the applicant. This would require the
complainant to be fully aware of his rights, and a waiver should be in any event be
intentional.
■ On the defect of the claimant’s own conduct: conduct that are unmeritorious or a
failure to disclose material facts may caused failure to grant the remedy.
■ Where the grant of the remedy no longer serves any useful purpose. Justified if
unnecessary.
Locus Standi for Certiorari

■ He or she has a particular grievance of his or her own;

■ He or she is a member of a public who has been inconvinienced;
■ Even a mere stranger, although the court may refuse to allow him or her to proceed
in the exercise of its discretion.
George John v Goh Eng Wah Bros Filem
Sdn Bhd
■ Lim Beng Choon J said that:

“in order to have a locus standi to invoke the jurisdiction of judicial review, the
applicant should claim, if not a legal or equitable right, at least a sufficient
interest in respect of the matter to be litigated…..”