JUDGMENT

Arifin Zakaria CJ (Malaya):

Introduction

(1) There are two applications before us namely: encls. 2(a) and 5(a). These applications were fixed for hearing on 29 November 2010. Enclosure 2(a) is an application for leave to appeal to this court against the decision of the Court of Appeal, while encl. 5(a) is a preliminary objection by the respondent to strike out the application in encl. 2(a).

(2) In this judgment we shall deal with the preliminary objection raised herein. For this purpose, we shall briefly state the facts and the circumstances leading to the application in encl. 5(a). The applicant, at all material time, is the cooperative society registered under s. 4 the Co-operative Societies Act 1993 ("the CSA"). The respondent was the Vice President of the co-operative society until his membership was terminated by the applicant. He commenced action against the applicant in the Co-operative Tribunal, established under s. 83(1) of the CSA ("the tribunal"), challenging the validity of his termination. The tribunal found that the termination of his membership was made in breach of the rule of natural justice and ordered that the respondents membership be reinstated. A