Mohd Ghazali FCJ:

The applicant is Panflex Sdn Bhd (the plaintiff in the originating action) and the respondent is Amalan Tepat Sdn Bhd (the second defendant in the originating action). The first defendant in the suit, Gymtech Development Sdn Bhd (‘Gymtech’) has since been wound up and is not a party to this application. We will refer to the parties in this application as they were in the originating action.

By way of motion dated 27 May 2011, the plaintiff moved this court for the following orders:

(a)that leave (if necessary) be given to enlarge time pursuant to r 126 of the Rules of the Federal Court 1995 (‘the Rules’) to file this application;

(b)that pursuant to r 137 of the Rules leave be given to apply for a review of the decision of the Federal Court given on 19 April 2011 in this matter for the following purposes —

(i)to set aside the decision of this court given on 19 April 2011; and

(ii)to rehear the second defendant’s appeal to this court vide notice of appeal dated 15 November 2010 before a differently constituted panel of this court; or

(iii)to restore and uphold the decision of the Court of Appeal dated 6 October 2010.

This court had in a unanimous decision on 4 October 20