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2010 MarsdenLR 2718

FEDERAL COURT PUTRAJAYA
DATO SERI ANWAR IBRAHIM – Appellant
Versus
PP – Respondent


Petitioner Advocates:Karpal Singh,Param Cumaraswamy,SN Nair,Marisa Regina ,Respondent Advocate: Mohd Yusof Hj Zainal Abiden,Mohamad Hanafiah Zakaria,Nordin Hassan,Wong Chiang Kiat,Noorin Badaruddin,Farah Azlina Latif

Zulkefli Makinudin FCJ:

[1] I have read the judgment in draft of my learned sister, Heliliah bt Mohd Yusof, FCJ and I agree with the conclusion reached by her Ladyship that the applicant has failed to meet the requirements of r 137 of the Rules of the Federal 1995 ("rule 137") and consequentially the applicants application has been dismissed with costs. I would like to state my views in dismissing the applicants application with particular reference to the scope and purpose of r 137 as follows:

[2] I am of the view r 137 cannot be construed as conferring upon the Federal Court the statutory jurisdiction or the new jurisdiction to hear any application to review its own decision. However, under r 137 the Federal still has the limited "inherent power" or "inherent jurisdiction" in order to maintain its character as a Court of justice to hear any application or to make any order to prevent injustice or to prevent an abuse of the process of the Court. There is an important difference between the nature of the inherent jurisdiction of the Court and its statutory jurisdiction. The source of the statutory jurisdiction of the Court is the statute itself which will define the limits within w

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