Nik Hashim FCJ:

[1] The appellant, the Board of Engineers, Malaysia, a statutory body established pursuant to s. 3 of the Registration of Engineers Act 1967 (the Act) appeals to the Federal Court against the decision of the Court of Appeal given on 17 February 2004, whereby the Court of Appeal dismissed the appellant's appeal with costs against the decision of the High Court which allowed Leong Pui Kun's, the respondent's application for orders of certiorari and mandamus to quash the appellant's decision dated 13 July 2000 cancelling the respondent's registration as a professional engineer and to direct the appellant to reinstate the respondent as a professional engineer registered with the appellant respectively.

Factual Background

[2] The facts are that on 16 September 1995 a 32-metre span of partly constructed steel truss linkway bridge at the Matshushita Television Co. Sdn. Bhd. factory in Shah Alam, collapsed whereby one person was killed and five persons were injured (the incident). Soon after the incident, the Director of the Jabatan Kerja Raya Selangor set up a 4-member Technical Sub-Committee to investigate into the incident. Dr. Judin bin Hj. Abdul Karim, Ketua K