KUALA LUMPUR – The Court of Appeal has unanimously dismissed two appeals by Asiaspace Broadband Sdn Bhd in relation to its judicial review proceedings against the Malaysian Communications and Multimedia Commission (MCMC), affirming the regulator’s position on the matter.
In a statement, the MCMC said the decision, delivered on August 6, saw the three-member panel comprising Datuk Azhahari Kamal Ramli, Datuk Nadzarin Wok Nordin and Muniandy Kannyappan uphold the High Court’s earlier ruling to set aside the leave granted for Asiaspace to initiate judicial review proceedings against MCMC.
Asiaspace Broadband is part of the Asiaspace Group of Companies, founded by its Executive Director Datuk Abdul Ghani Abdullah.
The Court of Appeal also ordered Asiaspace to pay costs of RM15,000 to MCMC for each appeal.
The dispute involved regulatory decisions made by MCMC concerning Asiaspace’s spectrum assignment and proposed service rollout arrangements.
Asiaspace had challenged MCMC’s decisions through the appeal mechanism provided under the Communications and Multimedia Act 1998, while simultaneously seeking judicial review proceedings at the High Court.
In dismissing the appeals, the Court of Appeal ruled that parties must first exhaust the statutory remedies available under the Communications and Multimedia Act 1998 before seeking judicial review.
The court found that there were no exceptional circumstances in the case to justify bypassing the statutory appeal process.
It also determined that material information had not been fully disclosed when Asiaspace applied for leave to commence judicial review proceedings.
The court further held that pursuing judicial review while statutory appeals involving the same subject matter were still ongoing amounted to an abuse of the court’s process.
“The ruling reinforces the importance of adhering to the statutory framework established under the Communications and Multimedia Act 1998 before seeking judicial intervention through judicial review,” the MCMC said. – August 7, 2026