Selangor state legislative assembly speaker Teng Chang Khim has filed an application at the Shah Alam High Court to set aside the court decision which overturned his notice to declare Port Klang state seat vacant.

NONEIn his affidavit, Teng (left) stressed that the judgement made without his counsels present was a "grave injustice".

"A miscarriage of justice has occurred. Further, the manner in which the hearing was conducted, essentially, on an 'ex-parte' basis is wholly unfair.

"In the circumstances, I pray that this setting aside application be allowed with costs," said Teng. 

Shah Alam High Court has ruled on Feb 18 that Teng's declaration to on the vacancy of the Port Klang seat is null and void and that Badrul Hisham Abdullah is still the legitimate assemblyperson.

However, the judgement has sparked controversy because the judgement was made without the presence of Teng's lawyer Tommy Thomas, who had given the court prior notice that he would be away in Johor Bahru for another case during the hearing date.

Despite the application by Thomas to postpone the case after Feb 18, the court however only allowed a one day postponement from Feb 17 to 18.

At the time, Teng criticised the judgment as “unjust” as it was heard with the absence of his counsel.

In Thomas' affidavit, the lawyer also described the judgment as against the rules of natural justices.

"Hence, it should be regarded as default judgment and the court should set aside it so that all parties could present their merits on both application."