Steve Shim CJ (Sabah & Sarawak):

The Issues

This is an appeal against the decision of the Court of Appeal given on 20 September 2000. Leave to appeal to the Federal Court was granted to the appellant on 17 April 2001 on the following questions:

(1) Whether the Federal Court has jurisdiction to determine appeals from any judgment, order or decision of the Court of Appeal which did not originate from the High Court save and except from any judgment, order or decision which is whether the Court of Appeal should or should not grant leave to appeal to it.

(2) Whether the appellant who is entitled to appeal to the Court of Appeal has complied with Rule 18(4)(d) and (7) of the Rules of the Court of Appeal 1994 when he tenders a sealed copy of the order appealed from before the hearing of the appeal in the Court of Appeal in compliance with the Supreme Court Practice Direction No. 1 of 1992.

In my view, the questions concern issues which are inextricably linked. Given the manner the questions are formulated and the focus in the submissions of counsel for the parties concerned, it seems obvious that the questions have to be considered in the same sequence.

The Background Facts

The