1. ) TR Sandah ak Tabau & 7 Ors [suing on behalf of themselves and 22 other proprietors, occupiers, holders and claimants of Native Customary Rights (NCR) land situated at Rumah Sandah and Rumah Lajang, Ulu Machan, 96700 Kanowit, Sarawak] 2. ) Siew ak Libau v 1. ) 1. Director of Forest, Sarawak 2. State Government of Sarawak 2. ) 1. Superintendent of Lands and Surveys, Sibu Division 2. State of Government of Sarawak 3. ) Rosebay Enterprise Sdn Bhd

01-27-04-2015-q-08rs-3-03-2019-q-08rs-4-03-2019-q Federal Court (Mahkamah Persekutuan) 10 September 2019 • 01-27-04/2015 (Q); 08(RS)-3-03/2019 (Q); 08(RS)-4-03/2019 (Q)

Catchwords

Civil procedure - Whether the applicant is entitled for review - Rules 137 of the Rules of Federal Court - Whether the was no majority decision of the Federal Court due to the retirement of one panel - Whether said judge has no jurisdiction to disturb the finding of fact by the Trial Court which was affirmed by the Court of Appeal Constitutional law - Courts - Federal Court - Whether there is a must to have a judge with Bornean judicial experience in the composition of the Federal Court - Section 74 of the Courts of Judicature Act - Para 26(4) of the Inter-Governmental Committee read together with Article VIII of the Malaysia Agreement 1963 - Whether failure to have a judge with Bornean judicial experience in the panel constitute a coram failure

Practice Areas

Civil Procedure

Judges (5)

Alizatul Khair binti Osman Khairuddin Coram Azahar bin Mohamed Delivered Idrus bin Harun Coram Mohd Zawawi bin Salleh Coram Panglima David Wong Dak Wah Coram

Parties (7)

Rosebay Enterprise Sdn Bhd Respondent State Government of Sarawak Respondent State of Government of Sarawak Respondent Director Of Forest Sarawak Respondent Siew Ak Libau Applicant Superintendent Of Lands And Surveys, Sibu Division Respondent Tr Sandah Ak Tabau Applicant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01-27-04-2015-q-08rs-3-03-2019-q-08rs-4-03-2019-q)