SYARIKAT SEBATI SDN BHD v. PENGARAH JABATAN PERHUTANAN & ANOR

[2019] 2 MLRA 171
Federal Court, Putrajaya
Hasan Lah, Azahar Mohamed, Balia Yusof Wahi, Jeffrey Tan, Alizatul Khair Osman Khairuddin FCJJ
[Appeal No: 01(f)-29-06-2017(B)]
Hasan Lah, Azahar Mohamed, Balia Yusof Wahi, Jeffrey Tan, Alizatul Khair Osman Khairuddin FCJJ

JUDGMENT

Alizatul Khair Osman Khairuddin FCJ:

Introduction

[1] This judgment is delivered pursuant to s 78 of the CJA 1964 as our brothers Hasan bin Lah and Jeffrey Tan have since retired. This is a unanimous decision by the remaining members of the panel who heard this appeal.

[2] The appeal before us arose out of the decision of the Court of Appeal on 7 December 2016 in Civil Appeal No: B-01(A)-72-03-2016 where it had allowed the appeal of the respondents (the defendants in the court below) against the decision of the High Court in Originating Summons No: 24733-062015 dated 16 February 2016.

[3] Leave to appeal was granted by this court on 31 May 2017 to determine the following question of law:

"Whether by virtue of s 3, Government Contracts Act 1949 ("GCA"), only written contracts, executed in the manner provided thereunder with the state Government are valid."

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