Wan Muhammad Arfan bin Wan Othman
About Wan Muhammad Arfan bin Wan Othman
Wan Muhammad Arfan bin Wan Othman appears as counsel of record in 3 reported Malaysia judgments (2025). These were heard before MYFC (2) and MYHC (1).
On the court record
Engages the committal jurisdiction and the threshold for leave to commit for contempt, and the role of the Attorney General in judicial review including fresh evidence on appeal.
Wan Muhammad Arfan bin Wan Othman's appearances in this corpus are in public and constitutional litigation. As counsel for the applicant in the High Court (Mahkamah Tinggi), he acted on an application for leave to bring committal proceedings against a respondent, the alleged contempt arising from the position the respondent had taken in opposing the grant of leave in judicial-review proceedings. The applicant's case was that the respondent, being aware of the existence of a particular order, was not free to oppose the grant of leave in the judicial review on the ground that the order's existence was speculative — the stand taken to oppose leave being said to be inconsistent with the respondent's own knowledge. The court had to consider the threshold for leave to commit and whether the pleaded facts were capable of constituting contempt.
In the Federal Court (Mahkamah Persekutuan) he acted as counsel for the respondent in a judicial-review appeal concerning the role of the Attorney General (Peguam Negara Malaysia). The questions arose at the leave stage under Order 53 rule 3(3) of the Rules of Court 2012: whether the Attorney General has a duty to confirm or disclose documents, where the burden of proof lies in respect of disputed evidence, and the distinction between the Attorney General's procedural role and his role as a respondent. A connected question concerned fresh evidence at the appellate stage under rule 7(3A) of the Rules of the Court of Appeal 1994 — whether that rule codifies or displaces the test in Ladd v Marshall.
Across these matters, Wan Muhammad Arfan bin Wan Othman's practice engages the committal jurisdiction and the threshold for leave to commit for contempt, and the constitutional and procedural role of the Attorney General in judicial review, including the admission of fresh evidence on appeal and its relationship to the established common-law test.
How many cases has Wan Muhammad Arfan bin Wan Othman appeared in?
Wan Muhammad Arfan bin Wan Othman appears as counsel of record in 3 reported Malaysia judgments (2025).
Which courts does Wan Muhammad Arfan bin Wan Othman appear in?
Wan Muhammad Arfan bin Wan Othman appears before MYFC (2) and MYHC (1).
What was the basis of the committal application?
That the respondent, aware of the existence of a particular order, had taken an inconsistent stand in opposing the grant of leave in judicial-review proceedings on the ground that the order's existence was speculative — the court considering the threshold for leave to commit and whether the pleaded facts could constitute contempt.
What questions about the Attorney General did the Federal Court address?
Whether the Attorney General has a duty to confirm or disclose documents at the leave stage under Order 53 rule 3(3), where the burden lies on disputed evidence, the distinction between his procedural and respondent roles, and fresh evidence under rule 7(3A) and its relationship to Ladd v Marshall.