Can the Federal Court pronounce judgment without absent judges?

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The Federal Court Can Pronounce Judgment Without Absent Judges

The Federal Court has the authority to pronounce judgment even if one or more judges who composed the panel are absent, according to Rule 63 of the Rules of the Federal Court 1995. This pronouncement can occur during the appeal hearing or at a later date, with notice provided by the Registrar to the involved parties. The judgment of an absent judge can be read aloud by another judge on the panel or by the Court Registrar.
Rule 63 Allows for Pronouncement Despite Absence

Rule 63(2) of the Rules of the Federal Court 1995 explicitly states that the court's judgment can be delivered notwithstanding the absence of judges who were part of the panel. This provision allows for the continuation of judicial proceedings and the delivery of decisions even when a judge is unable to be present. The judgment of any judge not present may be read by a judge who is present or by the Registrar.
Adjournment Falls Within the Court's Absolute Discretion

While Rule 63 permits judgments to be delivered in the absence of judges, the decision to adjourn or postpone a hearing rests entirely within the court's absolute discretion. This principle was affirmed in the Federal Court decision of Dato’ Sri Mohd Najib bin Hj Abdul Razak v Public Prosecutor \[2023], where it was stated that the law on adjournments is settled and that the court possesses absolute discretion in such matters.
Absence of a Judge Led to Recent Postponement

In a recent instance, the Federal Court postponed a much-anticipated decision in an appeal case due to the illness of one of the three-judge panel members, Justice Che Mohd Ruzima Ghazali. The Court of Appeal president, Justice Abu Bakar Jais, announced the adjournment, stating that it would not be appropriate to deliver the decision without the participation of all panel members, highlighting the practical considerations that can lead to postponements despite the existence of rules for absent judge pronouncements.

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Can the Federal Court pronounce judgment without absent judges?

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