YONG TSHU KHIN & ANOR v. DAHAN CIPTA SDN BHD & ANOR AND OTHER APPLICATIONS
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; ZABARIAH YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ;
HARMINDAR SINGH DHALIWAL FCJ; RHODZARIAH BUJANG FCJ
[CIVIL APPLLICATIONS NO: 08(RS)-3-08-2018(W), 08(RS)-6-08-2018(W), 08(RS)-7-08-2018(W),
08(RS)-12-10-2018(B), 08(RS)-13-11-2018(W), 08(RS)-14-11-2018(A) & 08(RS)-17-12-2018(W)]
30 NOVEMBER 2020

CONSTITUTIONAL LAW: Courts - Federal Court - Review motions - Coram failure - Appointments of Federal Court Judges - Whether appointments could be collaterally challenged - Application of de facto doctrine - Whether doctrine preserves integrity of judicial decisions - Whether validity of appointments should have been raised during appeal - Whether de facto doctrine applies to constitutional appointments - Rules of the Federal Court 1995, r. 137

CONSTITUTIONAL LAW: Courts - Federal Court - Review motions - Coram failure - Judge prepared minority judgment before retirement - Another judge in panel 'adopted' minority judgment of retired judge - Whether majority judgment stands independently of minority judgment - Whether judgment read and agreed upon by all judges in panel was judgment of the court - Whether judgment pronounced by another judge in physical absence of judge signing judgment affected coram - Whether Federal Court obligated to provide written grounds in all appeals - Whether failure to provide grounds amounted to coram failure - Whether Federal Court could abstain from answering leave question upon considering merits of appeal - Whether coram failure established - Rules of the Federal Court 1995, r. 137 - Courts of Judicature Act 1964, s. 78(1)