Edgar Joseph Jr FCJ:

[1] The principal question of law which arose acutely for decision in this appeal was whether the respondent Patco Malaysia Berhad ("the employer") had satisfied the requirements of O 53 r 1(2) of the Rules of the High 1980, when it had obtained leave of the High Court by order dated 22 May 1992, ("the order for leave") to apply for an order of certiorari to remove to the High Court for the purpose of it being quashed, an award of the Industrial Court dated 27 April 1992 ("the award of the Industrial Court") made pursuant to a finding by the Industrial Court that its employee, the first appellant Tuan Haji Sarip bin Hamid ("the employee"), had been dismissed without just cause or excuse and, in consequence, had been ordered to be reinstated as its general manager and paid various financial reliefs with retrospective effect.

[2] An application had then been made by the employee by notice of motion dated 30 June 1992, supported by affidavit, to set aside the order for leave on the ground, inter alia, that there had been non-disclosure of a material fact and non-compliance with the requirements of O 53 r 1(2) of the Rules of the High 1980, but this was dis