TR SANDAH AK TABAU & ORS v. DIRECTOR OF FOREST SARAWAK & ANOR AND OTHER APPEALS

[2019] 5 MLRA 667
Federal Court, Putrajaya
Azahar Mohamed CJM, David Wong Dak Wah CJSS, Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh, Idrus Harun FCJJ
[Civil Application Nos: 01-27-04-2015(Q), 08(RS)-3-03-2019(Q) & 08(RS)-4-03-2019(Q)]
Azahar Mohamed CJM, David Wong Dak Wah CJSS, Alizatul Khair Osman Khairuddin, Mohd Zawawi Salleh, Idrus Harun FCJJ

JUDGMENT

Azahar Mohamed CJM (Majority):

[1] My learned sister Justice Alizatul Khair Osman Khairuddin, and my learned brothers Justice Mohd Zawawi Salleh and Justice Idrus Harun have read this judgment in draft and have expressed their agreement with it. My learned brother Justice David Wong Dak Wah holds a different view and has written a separate dissenting judgment.

[2] These three related applications were filed by the applicants under r 137 of the Rules of the Federal Court 1995 ("the RFC") seeking for this court to review and to set aside its own decision, which was delivered on 20 December 2016 in Federal Court Civil Appeals Nos 01(f)-27-04-2015(Q) [Appeal No 27], 01(f)-30-04-2015(Q) [Appeal No 30] and 02(f) 42-06-2015(Q) [Appeal No 42] (collectively referred to as "the three appeals").

[3] The three appeals were heard jointly by a panel of five judges of this court comprised of Raus Sharif PCA (as His Lordship then was), Abdull Hamid Embong FCJ, Ahmad Maarop FCJ (as His Lordship then was), Zainun Ali FCJ and Abu Samah Nordin FCJ.

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