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. While counsel representing the parties in this leave to appeal submitted on behalf of their clients, other counsel were invited to address the Court as amicus curiae. Once this issue is decided upon, they will then revert to argue on the substantial merit of their respective application. Therefore at this stage the facts of the respective applications are not relevant.

Background

[3] Section 96 (a) reads:

Section 96 Conditions of Appeal

Subject