Arifin Zakaria Chief Justice (delivering judgment of the court):

THE QUESTIONS/ISSUES POSED TO THE FEDERAL COURT

[1]This is an appeal against the decision of the Court of Appeal made on the 12 January 2012 in affirming the High Court’s decision given on the 24 August 2011. The appeal arose from the High Court’s decision in refusing the appellant’s (the applicant in the High Court) application for an extension of time to file Form 111B as required under O 53 r 4(1) of the Rules of the High Court 1980 (‘the RHC’). On the 19 April 2012, leave to appeal to the Federal Court was granted to the appellant on the following two questions:

(a)whether a delay in filing the notice of hearing of application for judicial review (Form 111B) pursuant to O 53 r 4 of the RHC is fatal to hearing an application for judicial review when:

(i)all relevant parties had been previously served with all cause papers;

(ii)all relevant parties were present and participated in the hearing for leave pursuant to O 53 r 3 of the RHC; and

(iii)the date of hearing of the application for judicial review was fixed in the presence of and with the consent of all parties concerned; and,

(b)Whether the fact that leave was objecte