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2001 MarsdenLR 1561

MOHTAR ABDULLAH, STEVE SHIM, SARAWAK, SITI NORMA YAAKOB
ALLIED CAPITAL SDN BHD – Appellant
Versus
MOHAMED LATIFF SHAH MOHD – Respondent


Advocates:
For the applicant - RR Sethu (Jaya Ramachandran with him); M/s BalendranChong & Bodi For the respondent - Raja Aziz Addruse (Benjamin Yean, Liza Chan with him);M/s Liza Chan & CoApplication No:08-34-1996(W) For the applicants - Cecil Abraham (Rabindra S Nathan, Rishwant Singh withhim); M/s Shearn Delamore & Co For the respondents - YM Raja Aziz Addruse (Benjamin Yean, Liza Chan withhim); M/s Liza Chan & Co

JUDGMENT

Mohtar Abdullah FCJ:

On 21 May 1996 Dato' Gopal Sri Ram JCA delivered the judgment of the Court of Appeal (reported in [1997] 2 CLJ 607) in respect of the disputes concerning The Raintree Club of Kuala Lumpur ("the Club"), affirming the decision of Dato' Dr. Zakaria M. Yatim J (as he then was) in the High Court, with slight variation as to costs.

Allied Capital Sdn. Bhd. ("Allied") (the applicant in 08-32-96(W) and Tengku Abdullah ibni Sultan Abu Bakar and 8 others ("the promoters") (the applicants in 08-34-96(W)) now apply to the Federal Court for leave to appeal against the whole of the said decision of the Court of Appeal pursuant to s. 96 of the Courts of Judicature Act 1964.

As clearly restated by Tan Sri Edgar Joseph Jr. FCJ in Datuk Syed Kechik Syed Mohamed v. The Board of Trustees of the Sabah Foundation[1999] 1 CLJ 325, at p. 330:

It is not the practice of this court, nor as we understand it, the practice of the House of Lords, when sitting in its judicial capacity hearing application for leave to appeal, to give explicit reasons for granting or refusing leave, save in circumstances where their Lordships considered that they had no jurisdiction to entertain the ap

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