Legitimate expectation — all that needs to be given is an opportunity to make representations — Hafiz Hassan | Malay Mail

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Legitimate expectation — all that needs to be given is an opportunity to make representations — Hafiz Hassan

NOVEMBER 22 — Twenty years ago, in 2001, the Tawau Municipal Council terminated the operation of the Fuji Market in Tawau. The market then stood on two pieces of land consisting of 104 hawker stalls and had been in operation since 1992.

Later, however, by a letter addressed to ATS the Municipal Council terminated the operation of the market. ATS wrote to the Municipal Council asking for its reasons to close the market abruptly and to reconsider its decision but the Municipal Council in reliance on its letter of approval and by-laws wanted to proceed to close down the market.

However, it would appear that ATS had accepted the decision of the Municipal Council to terminate the operation of the market. ATS, in fact, took the stand that it would not seek legal recourse but would abide by the decision of the Municipal Council. locus standi “The law expects high standards from public bodies in such circumstances. Public authorities in general are required to act in a high-principled way, on occasions being subject to a stricter duty of fairness than would apply as between private citizens.

[1985] AC 374 that for a legitimate expectation to arise the decision must affect the other person by depriving him of some benefit or advantage which either:

 

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