JUDGMENT

Zaki Tun Azmi CJ:

[1] By this motion, the applicant, relying on r. 137[1] of the Rules of the Federal Court 1995, sought to move the court for an order to set aside its decision of 11 September 2009 and to order a re-hearing of the appeal. Two grounds were canvassed before us. First, it was alleged that there was a breach of natural justice as the parties were not heard on the essential points of decision and secondly, it was regarding the lack of jurisdiction of that panel of the Federal Court to de facto overrule the earlier decision of the leave panel of the Federal Court to grant leave on those questions.

[2] According to the applicant, on the first issue, the decision arrived at by the Federal Court in the appeal was not even argued before the court. Hence, it is a breach of the Audi Altera Partem as the very point that the court considered was thought of by the court itself. In any case if the court were to decide that there is a new issue, the proper procedure would be to invite the parties to address the issue in writing or by relisting the case for hearing on such points.[2]

[3] As for the second issue, it was argued that the court did not have the jurisdictio