Mohd Noor Ahmad JCA:

The defendants, by separate applications, applied before the High Court, for certain proposed questions of law to be determined both under O. 14Aand O. 33 r. 2 of the Rules of the High Court 1980(the RHC). The proposed questions, as alleged, arose from the pleadings filed in Civil Suit No. S3-21-99-2001 (the Suit), instituted by the plaintiff against the defendants. The learned High Court judge dismissed the applications. Hence, these appeals.

The plaintiff is the government of a component state of the Federation of Malaysia. The 1st defendant is a body corporate incorporated under the Companies Act 1965 and conferred with the rights, powers, privileges and liberties as spelt out in the Petroleum Development Act 1974 (the PDA). The 2nd defendant is the Federal Government. By a vesting instrument of 22 March 1975 signed by the then Menteri Besar of the plaintiff (the vesting instrument), the 1st defendant was vested with the entire ownership in, and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether onshore or offshore of Malaysia (s. 2 of the PDA). And under an agreement of the same