Alauddin Mohd Sheriff FCJ:

Background

This is an appeal in respect of a land reference under s. 37 of the Land Acquisition Act 1960 ('the Act') heard and decided by the High Court at Johor Bahru vide Land Reference No. 15-859-1996 on 16 October 1997.

The respondents had earlier filed a notice of motion dated 11 October 2004 (encl. 24(a)) requesting that several documents be produced as additional or new evidence in the appeal.

Enclosure 24(a) was accompanied by a supporting affidavit dated 7 October 2004. There was an affidavit-in-reply by the appellant dated 30 November 2004. The respondents further replied by their affidavit dated 7 January 2005.

We thought it was appropriate to hear encl. 24(a) first and we proceeded to do so.

Enclosure 24(a)

By way of this application, the respondents sought to produce in all six (6) documents as new evidence in the appeal.

It was their contention that these documents were neither known nor available to them or their solicitors at the hearing of the land reference before the High Court. Further, the Federal Court has the inherent powers to hear any application or make any order as may be necessary to prevent injustice under r. 137 of t