KUALA LUMPUR: The High Court today struck out a lawsuit by 102 taxi drivers who had sought to force the Land Public Transport Commission (SPAD) to ban ride-hailing services Uber, GrabCar and Blacklane.
In allowing SPAD's striking-out application, justice Datuk Su Geok Yiam said the plaintiffs (taxi drivers) had no locus standi to initiate the legal action against the commission.
She ruled that Uber, Grabcar and Blacklane were not named as defendants in the suit together with SPAD.
The plaintiffs were ordered to pay RM5,000 in cost to the defendant.
Su had in her judgment said the cabbies' mode of initiating the legal action through writ of summons and statement of claim was wrong as they should have filed a judicial review application as per Order 53 of the Rules of Courts 2012 instead.
“The plaintiffs should have filed a judicial review because the remedies pleaded was a mandamus order against the defendant to carry out its duty under law,” the judge said.
She added that the plaintiffs had failed to prove the existence of any contract between them and the commission or prove that the defendant owed them a legal duty of care.
Over 100 taxi drivers from all around the country had gathered at the Kuala Lumpur Courts Complex and near Jalan Duta here today in protest against the three ride-sharing services.
Three busloads of taxi drivers, who came from as far as Penang, Johor and Malacca had gathered in support of the protest.
On Dec 31 last year, 102 taxi drivers filed a suit against SPAD seeking a declaration that the ride-sharing service is illegal.
They are seeking for Uber, Grabcar and Blacklane to be banned by the commission, claiming that the ride-sharing services have affected their livelihood.
Among others, the plaintiffs had sought for general damages, interest, costs and other relief deemed fit by the court.
On May 31, SPAD sought to strike out the legal action on grounds that the action against it was frivolous, vexatious, scandalous, and an abuse of court process.
After the proceeding, counsel R. Kengadharan, who represented the 102 cabbies, said he will file an appeal on the decision.
Counsel Ben Syazmin and Mohamed Nazmie Mohamed Rosli appeared for SPAD.