MOHAMED DZAIDDIN, HAIDAR MOHD NOOR, STEVE SHIM, SARAWAK
CHIA YAN TEK – Appellant
Versus
NG SWEE KIAT – Respondent
Mohamed Dzaiddin CJ:
This was an application by the respondents to set aside the judgment of this court pronounced by the Deputy Registrar on 22 December 2000 on the ground that it was a nullity.
Background
By a civil suit filed by the appellants in the High Court at Shah Alam, the appellants who were the plaintiffs, sued the respondents, inter alia, for a declaration that the transfer of 100 shares of Peringkat Juta (M) Sdn Bhd (the company) by the plaintiffs to the respondents was null and void by reason of fraudulent misrepresentation. At the conclusion of the trial, the learned judge dismissed the plaintiffs' claim with costs. On appeal, the Court of Appeal dismissed the appeal and affirmed the decision of the High Court. The appellants then filed an application to the Federal Court for leave to appeal. On 20 February 1998, leave was granted and the appeal came up for disposal on 3 August 1998 before Tun Mohd Eusoff bin Chin, Chief Justice, Dato' Wan Adnan Ismail, Chief Judge Malaya and Dato' Zakaria Yatim, FCJ. After hearing counsel, judgment was reserved to a date to be fixed.
On 19 December 2000, the parties' solicitors were informed by the Deputy Registrar of the F
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