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The remedies available in a judicial review action are the prerogative orders – the mandatory order (formerly known as mandamus), prohibiting order (prohibition), quashing order , and order for review of detention (habeas corpus) – and the declaration, a form of equitable remedy. All these remedies that the High Court may grant are ...
The Datafin decision was applied by the Singapore Court of Appeal in Public Service Commission v. Lai Swee Lin Linda (2001), [69] where the respondent, an employee with the Land Office, had the probationary period of her employment extended without prior warning. Her employment contract was later terminated.
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In the case, the applicant, who was a company director, challenged an order of the Industrial Arbitration Court ("IAC") which had made him personally liable for paying the retrenchment benefits of the company's employees. [50] The High Court quashed the order, holding that it was patently illegal as it was not authorised by law.
An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge.
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Chan, Sek Keong (December 2012), "The Courts and the 'Rule of Law' in Singapore", Singapore Journal of Legal Studies: 209–231, SSRN 2242727. Hall, Stephen (1995), "Preventive Detention, Political Rights and the Rule of Law in Singapore and Malaysia", Lawasia: Journal of the Law Association for Asia and the Western Pacific: 14–62.
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