Chong Siew Fai CJ (Sabah & Sarawak):

Introduction

By a motion dated 24 June 1998 the applicant applied for leave to appeal to the Federal Court against the decision of the Court of Appeal made on 28 May 1998 striking out the appeal of the applicant to the Court of Appeal against the decision of the High Court dated 29 December 1997 on the ground that leave to appeal which, according to the Court of Appeal, was necessary but was not obtained.

The matter was heard before us on 29 March 2000 and 13 April 2000, and the motion was dismissed with costs on a preliminary objection raised by the respondent. It was a majority decision. I had the misfortune of dissenting. We indicated that the grounds of our decisions would be given in due course. I now give my reasons.

The Preliminary Objections

At the commencement of the hearing of the motion, counsel for the respondent raised three preliminary objections and submitted that by reason thereof the motion ought to be dismissed. The three preliminary objections are:

(1) that the Federal Court had no jurisdiction to hear t