Malaysian Court Rejects Bid to Challenge Pharmaceutical Tender Decision

The High Court in Kuala Lumpur has dismissed an application by Techno Secure Print Sdn Bhd seeking permission to initiate judicial review proceedings against the Health Ministry over a terminated pharmaceutical tender.

The company had attempted to challenge the decision not to reinstate a tender related to holographic security labels used in pharmaceutical products under the Pharmaceutical Track & Trace System. It also sought to nullify the contract awarded to another company and pursue damages.

In her ruling, Alice Loke Yee Ching held that the matter fell outside the court’s remit. While acknowledging that the threshold for granting leave is typically low, she found that reviewing the tender process would require the court to assess both the procedure and the award itself, which she deemed inappropriate for judicial review.

Counsel for the government argued that tender awards are a matter of executive discretion and not subject to court adjudication. The court agreed, declining to grant leave and making no order as to costs.

The decision reinforces the principle that government procurement decisions are generally not open to judicial review unless clear legal grounds are established.