1.

P must prove an
interest in the issues
raised in the
proceeding.
Government of
Malaysia v Lim Kit
Siang [1988] 2 MLJ 12 2. Where the private P relies on
RULES - There are 2 an interest in the enforcement
A right to bring a DEFINITION of a public right & not of a
FUNDAMENTAL
claim to court. private right, standing will be
RULES stated in this
case denied unless the AG consents
defined locus standi : or the P can demonstrate some
the right of a party to
Abdul Hamid CJ Government LOCUS special interest beyond that
appear and be heard of Malaysia v possessed by the public
by a tribunal. Lim Kit Siang STANDI generally.
[1988] 2 MLJ 12

"Any person who is adversely To determine locus standi :

affected by the decision, The applicant must establish
JUDICIAL REVIEW TEST TO BE that his private right has been
action or omission in relation
O.53 r.2(4) PROCEEDING APPLIED infringed or that he has
to the exercise of the public
ROC 2012 "THE ADVERSELY suffered special damage. [Govt
duty or function shall be
AFFECTED TEST" of Malaysia v Lim Kit Siang]
entitled to make an
application."

CASE FOR LOCUS STANDI

Atip Bin Ali v Josephine Doris Nunis & Anor [1987] 1 MLJ 82
"in order for an applicant to pass the Malaysian Trade Union
- A person who has no locus standi cannot commence an
'adversely affected test', the Congress & Ors v
action in court. In this case only the Chief Minister had
applicant had to show he had a real Menteri Tenaga, Air
the locus standi to sue for defamation, not the other
and genuine interest in the subject dan Komunikasi & Anor
members
matter..." [2014] 3 MLJ 145 (FC)