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FEDERAL COURT PUTRAJAYA
SYARIKAT SEBATI SDN BHD – Appellant
Versus
PENGARAH JABATAN PERHUTANAN & ANOR – Respondent
| Table of Content |
|---|
| 1. judgment procedural introduction and jurisdiction clarification. (Para 1 , 2 , 3 , 4) |
| 2. factual background of the logging contract and initial approvals. (Para 5 , 6 , 8 , 15) |
| 3. previous findings on res judicata and new claims for damages. (Para 17 , 21 , 22 , 23) |
| 4. court's rationale regarding requirement of written contracts under gca. (Para 32 , 33 , 67) |
| 5. final ruling reinstating the high court decision. (Para 84 , 85) |
Introduction
[1] This judgment is delivered pursuant to s 78 of the CJA 1964 as our brothers Hasan bin Lah and Jeffrey Tan have since retired. This is a unanimous decision by the remaining members of the panel who heard this appeal.
[2] The appeal before us arose out of the decision of the Court of Appeal on 7 December 2016 in Civil Appeal No: B-01(A)-72-03-2016 where it had allowed the appeal of the respondents (the defendants in the Court below) against the decision of the High Court in Originating Summons No: 24733-062015 dated 16 February 2016.
[3] Leave to appeal was granted by this Court on 31 May 2017 to determine the following question of law:
"Whether by virtue of s 3, Government Contracts Act 1949 (" GC
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