JUDGMENT

Gopal Sri Ram FCJ:

[1] We dismissed this application for leave and made the usual consequential orders. As we have said on previous occasions, this court does not give reasons for granting or refusing leave save in rare cases. This is such a case.

[2] The applicants before us seek leave on several questions which they contend meet the threshold that must be crossed by leave applications. But if you look at the questions carefully enough they are really alien to the fact pattern of this case. And the facts of this case have been thoroughly interrogated by both the majority and dissenting judgments in the Court of Appeal reported in Lembaga Kemajuan Tanah Persekutuan (Felda) & Anor v. Awang Soh Mamat & Ors [2009] 5 CLJ 1. We are therefore spared the task of regurgitating them here. Suffice that we make broad and general reference to them.

[3] The applicants were the second and third defendants at first instance. The first defendant is since deceased. The plaintiffs who are settlers claimed that they had been cheated by the defendants. They claimed damages based on fraud, that is to say, in the tort of deceit. Such damages are usually substantial. The suit was therefore o