Zaki Tun Azmi CJ:

[1] By this motion, the applicant, relying on r. 137[1] of the Rules of the Federal Court 1995 , sought to move the court for an order to set aside its decision of 11 September 2009 and to order a re-hearing of the appeal. Two grounds were canvassed before us. First, it was alleged that there was a breach of natural justice as the parties were not heard on the essential points of decision and secondly, it was regarding the lack of jurisdiction of that panel of the Federal Court to de facto overrule the earlier decision of the leave panel of the Federal Court to grant leave on those questions.

[2] According to the applicant, on the first issue, the decision arrived at by the Federal Court in the appeal was not even argued before the court. Hence, it is a breach of the Audi Altera Partem as the very point that the court considered was thought of by the court