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FEDERAL COURT PUTRAJAYA
TERENGGANU FOREST PRODUCTS SDN BHD – Appellant
Versus
COSCO CONTAINER LINES CO LTD & ANOR & OTHER APPLICATIONS – Respondent
| Table of Content |
|---|
| 1. establishment of a special panel. (Para 1 , 2) |
| 2. history and interpretation of s 96 cja. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. principles from syed kechik and joceline tan. (Para 11 , 12) |
| 4. conditions for granting appeal leave. (Para 13 , 14) |
| 5. requirements for leave under s 96(a). (Para 39 , 40 , 41) |
| 6. accepting syed kechik principles, rejecting joceline tan. (Para 51 , 52) |
| 7. final concluding remarks and instructions. (Para 63 , 64) |
Introduction
[1] This special panel of five judges was set up at the request of some senior members of the Bar to resolve inconsistencies in the judgments of Datuk Syed Kechik bin Syed Mohamed & Anor v. The Board of Trustees of the Sabah Foundation & Ors, 1999 MarsdenLR 1776 (" Syed Kechik") and Joceline Tan Poh Choo & Ors v. v. Muthusamy; [2008] 6 MLJ 621 (" Joceline Tan"). These cases interpreted the provisions of s 96 of the Courts of Judicature Act 1964 ("s 96") relating to application for leave to appeal to the Federal Court from the decisions of the Court of Appeal.
[2] Several senior members of the bar listed in this judgment were invited to address the panel on the issues. It was agreed that this case be the test case.
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