[12] The sole ground for this application by the applicant was a coram failure of the Bench of the Federal Court that sat and decided the case on appeal from the decision of the Court of Appeal.

[13] As to when "coram failure" occurs had been explained by the Federal Court in the cases of Gurbachan Singh Bagawan Singh & Anor v. Vellasamy Pennusamy & Ors & Other Applications, 2012 MarsdenLR 1739 and Raja Petra Raja Kamarudin v. Menteri Dalam Negeri ; [2018] supp MLJ 471 ; [2010] 4 CLJ 25. It was held based on the decision of these two cases a coram failure occurs when the number of judges hearing a case before the Federal Court should at any time fall below the number specified under s 74 of the Courts of Judicature Act 1964 ("CJA"). Section 74 of the CJA provides as follows:

74(1) Subject as hereinafter provided, every proceeding in the Federal Court shall be heard and disposed of by three Judges or such greater uneven number of Judges as the Chief Justice may in any particular case determine.

(2) In the absence of the Chief Justice, the most senior member of the Court shall preside.

[14] Learned counsel for the respondents submitted, on this issue of coram failure, there was