South East Asia Fire Bricks Sdn Bhd v Non-Metallic Mineral Products Manufacturing Employees’ Union [1981] AC 105

Privy Council

Facts: The Malaysian Industrial Relations Act 1967 s.29(3)(a) stated that awards made by the Industrial Court were final and conclusive and could not be challenged, appealed, reviewed, quashed, or questioned in any court of law. An award was made against South East Asia Fire Bricks Sdn Bhd. The company sought to challenge the award despite the statutory provision barring such challenges.

Issue: Whether the provision barring challenges included errors of law on the face of the record, or if errors within jurisdiction could still be reviewed.

Held: The Privy Council held that the statutory provision was broad enough to encompass all forms of review, including certiorari for errors of law, except where the error affected jurisdiction. The decision could not be challenged unless it involved a jurisdictional error.

Judicial Statement: Lord Fraser indicated that errors within jurisdiction could be quashed, but errors affecting jurisdiction could not be reviewed. The provision’s language barred all forms of review for errors of law unless jurisdiction was affected.