KERAJAAN NEGERI KELANTAN vs PETROLIAM NASIONAL BERHAD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 2169

COURT OF APPEAL PUTRAJAYA
KERAJAAN NEGERI KELANTAN – Appellant
Versus
PETROLIAM NASIONAL BERHAD & ANOR – Respondent

Petitioner Advocates:Tommy Thomas,Takiyuddin Hassan,Sitpah Selvaratnam,Rahayu Mumazaini ,Respondent Advocate: Cecil W M Abraham,Rishwant Singh

Table of Content
1. introduction of the case and background facts. (Para 1 , 3 , 4 , 20)
2. the appeal's background revolves around o 14a applications and complex legal issues. (Para 2 , 5 , 8)
3. arguments regarding the plaintiff's rights to propose questions. (Para 11 , 19)
4. court observations on the binding nature of prior court decisions. (Para 13 , 14 , 15 , 16 , 17)

[1] This was an appeal by the Kelantan State Government against the decision of the learned High Court Judge delivered on 10 April 2015 in rejecting the 14 issues submitted by the Kelantan State Government for a proceeding under O 14A of the Rules of the High 1980 (RHC).

[2] For the purpose of this appeal, the parties will be referred to as they were in the High Court.

B. Background Facts Of The Case

[3] The Kelantan State Government (the "Plaintiff") filed a civil suit against Petroliam Nasional Berhad (the "First Defendant") vide Writ of Summons and Statement of Claim dated 30 August 2010.

[4] The Federal Government of Malaysia ("the Second Defendant") was brought in later as a party to this suit.

[5] The First Defendant had on 30 March 2011 filed a Summons in Chambers in Encl 16 for an application under O 14A of the R

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2018 MarsdenLR 2169

COURT OF APPEAL PUTRAJAYAKERAJAAN NEGERI KELANTAN – AppellantVersusPETROLIAM NASIONAL BERHAD & ANOR – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
KERAJAAN NEGERI KELANTAN – Appellant
Versus
PETROLIAM NASIONAL BERHAD & ANOR – Respondent