Abdul Hamid Omar CJ (Malaya):

Lye Thai Sang and Leong Kum Weng, the respondents in Supreme Court Civil Appeals Nos. 79/84 and 90/84, in respect of which the Court on 18 May 1985 allowed the appeals with costs, applied by way of motion for an order or orders that the judgment given in the said appeals be reviewed.

Mr. Humphrey Ball appearing on behalf of the applicants submitted that these applications were made pursuant to r. 70 of the Supreme Court Rules. Rule 70 of the Supreme Court Rules relates only to form of application. Under this rule, all applications to the Court shall, unless otherwise provided, be made by motion.

He also submitted that, in the light of s. 69 of the Courts of Judicature Act 1964 read together with Article 118(3) of the Federal Constitution, the Supreme Court has unlimited power to review its decision.

Basically the applicants are invoking the provisions of the Courts of Judicature Act 1964, (hereafter called the Act), in particular sub-section (3) and (4) of s. 69 of the Act, to support their argument that this Court has such a power. For easy reference, the whole of s. 69 is reproduced as follows:

69 (1) Appeals to the Supreme Court shall be by