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2011 MarsdenLR 1312

FEDERAL COURT, PUTRAJAYA
TAN SRI DATO DR ROZALI ISMAIL & ORS – Appellant
Versus
LIM PANG CHEONG & ORS – Respondent


[1] On 19 May 2011, this court gave leave to the applicants to commence committal proceedings against the respondents. The leave was granted pursuant to O 52 r 2(2) of the Rules of the High 1980("the RHC") read together with r 3 of the Rules of the Federal ("the RFC"). The committal proceeding was set down for hearing before us on 14 December 2011. However, the respondents had in the meantime applied for the leave order to be set aside. Since leave was granted by us on an ex parte basis, it is within the inherent power of this court to revoke the same if it is of the view that the original leave was granted under a misapprehension upon new matters being placed before it. (See Lord Denning MR in Becker v. Neol and Another [1971] 1 WLR 803). Having heard the parties, we allowed the respondents' applications and set aside our earlier order. We now give our reasons for the decision.

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