How does procedural injustice relate to Rule 137 RFC applications?

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Procedural Injustice is a Primary Consideration for Rule 137 RFC Applications

Procedural injustice is a key consideration for applications made under Rule 137 of the Rules of the Federal Court 1995 (RFC). This rule allows the Federal Court to review its own decisions, but it is exercised only in rare and exceptional circumstances, specifically when such injustice has been occasioned to a party. To succeed in a Rule 137 application, it must be demonstrated that the case fits within stringent criteria and that an obvious error has occurred, leading to a miscarriage of justice.
The Strict Criteria for Rule 137 Review

The Federal Court's inherent power to review its own decisions under Rule 137 RFC is a power that is invoked sparingly. As articulated in the Golden Star & Ors v Ling Peek Hoe & Ors $$2021$$ case, an applicant must not only show that their case meets stringent criteria but also that an error in the original decision was so obvious that it resulted in injustice. This high threshold is designed to ensure the finality of litigation while providing a mechanism for rectifying profound errors.
Establishing Procedural Injustice

The Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd $$2008$$ case, referenced in Golden Star, outlines broad categories that may permit a review. These include situations where there was a lack of quorum, denial of the right to have an appeal heard on its merits, decisions obtained by fraud or suppression of evidence, or where the court making the decision was not properly constituted or lacked jurisdiction. Procedural injustice, therefore, encompasses instances where the legal process itself has failed, leading to an unfair outcome for a party.
The Rarity and Importance of Finality in Litigation

Rule 137 RFC applications are intended for exceptional circumstances, and the rule should not be abused. The principle of finality in litigation is paramount, meaning that court decisions should generally be conclusive. Resorting to Rule 137 is therefore reserved for situations where a fundamental breach of procedural fairness has occurred, rather than for re-arguing points of law or fact that were or could have been raised in the original appeal. The Federal Court's recent review applications, such as those in Nomalan a/l Ramayah v Public Prosecutor $$2026$$ and Mohd Helmi Anuar bin Mohd Kassim v Public Prosecutor $$2026$$, highlight the ongoing judicial consideration of this rule, underscoring the need for its careful and judicious application.

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How does procedural injustice relate to Rule 137 RFC applications?

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